beta
Text
The judgment below
Part of the defendant A, B, and E shall be reversed.
Defendant
A Imprisonment for two years, and Defendant B, for two years.
Reasons
1. Summary of grounds for appeal;
A. In full view of the evidence submitted by the prosecutor by mistake or misunderstanding of the facts (as to the acquittal part of the judgment below, Defendant A, B, and E), Defendant A, B, and L began closely with the actual control over the victim’s money.
may be seen.
However, it did not result in the commencement of enforcement.
In light of the above, the court below acquitted Defendant A and B on the charge of attempted special larceny and aiding and abetting Defendant E’s special larceny, and erred by misapprehending the legal principles, which affected the conclusion of the judgment.
2) Each sentence sentenced by the lower court to the Defendants (i) 2 years of imprisonment; (ii) 1 year and 6 months of imprisonment; (iii) Defendant C: one year of imprisonment; (iv) Defendant D: one year of imprisonment with prison labor; and (v) a long term of 1 year; and (v) Defendant E’s imprisonment with prison labor for a short term of 8 months; and (v) a fine of 3 million won is too unreasonable.
B. Defendant A1) misunderstanding of the facts or misapprehension of the legal doctrine, Defendant A did not instruct B, L, etc. to commit a crime listed in paragraph (2) of the crime as indicated in the judgment of the court below (hereinafter “the crime committed on July 28, 2015”), and there was no participation in the crime at all.
Therefore, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
2) The sentence sentenced by the lower court to the above Defendant is too unreasonable.
(c)
Defendant
B, C, D, and E (unfair sentencing) The sentence imposed by the court below on the above Defendants is too unreasonable.
2. We examine ex officio judgment (as to the conviction part of Defendant E), prior to the judgment on the grounds of appeal by the Defendants and the prosecutor, the guilty part of Defendant E is examined.
The crime of aiding and abetting special larceny against the above defendant is a crime falling under Articles 331(2), 331(1), and 32 of the Criminal Act, and the statutory penalty is only prescribed by imprisonment with labor for not less than six months but not more than five years.
However, the court below held against the above defendant.