Text
The judgment below
Part concerning Defendant A and E shall be reversed, respectively.
Defendant
A, in two and half years of imprisonment, Defendant E.
Reasons
1. Summary of grounds for appeal;
A. Defendant D’s assertion of mistake of facts in the judgment of the court below that: (a) part on the victim V of [2012 Godan5040, 5313] and the victim and the place of withdrawal out of the damage amount set forth in [2012 Godandan98] [2] [2012 Godandan98] [2] [2] [3]] [3]] [3]] [3]]]] [3]]]] [3]]]] [4]]]]] [3]]] [3]]]] and [4]] [3]]] [3]]]] [4]]]] and [4] [3] [3] [3]]] [3]]] and the list of crimes set forth in the annexed Table 7 to [2012 Godan98] should be excluded from Defendant D’s business trip because the date and time of the crime are not directly related to Defendant D; and (b) the defendant must be considered as a
(2) Considering that the maximum possible amount per cash card out of the amount of damage No. 4 of the table of crime No. 36 million won in [Attachment 2012 [Attachment 9898] is KRW 6 million, the amount exceeding 18 million, which is the maximum possible amount that can be withdrawn from three accounts, shall be deducted.
B. The prosecutor and the defendant A, D, E, and F's assertion of unfair sentencing are as follows: three years of imprisonment to the defendant A; two years of imprisonment to the defendant B and C; one year and six months of imprisonment to the defendant D; four years of imprisonment to the defendant E and F; four years of suspended execution to the defendant G and H; six months of imprisonment to the whole defendant; and one year of suspended execution to the defendant G and H respectively. The prosecutor asserts that the defendant A, D, E, and F are so unfair that the sentence of the court below to the whole defendants is too unreasonable, and that the sentence to the above defendants is too unreasonable.
2. Determination as to Defendant D’s assertion of mistake of facts
A. First, we examine Defendant D’s first assertion (the above part “A-A-A-A-B”).
(i) At least two co-offenders who are jointly engaged in a crime are not required under the law, but are co-processed in one crime by two or more persons in collusion.