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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than one year and four months.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles are merely aiding and abetting the crime committed by Defendant C, which is the actual owner of the game of this case, and did not constitute a co-principal, but there is an error of misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment by misapprehending the legal principles. (2) The lower court’s sentence of unfair sentencing (one year and two months of imprisonment, additional dues 13 million won) is too unreasonable.
B. Prosecutor 1) In light of the misapprehension of the legal principle (the acquittal part of Defendant A’s reasoning), Defendant A’s functional control over the instant crime was sufficiently recognized, but the lower court’s judgment was erroneous in misapprehending the legal principle as to the Defendants who were not joint principal offenders of the instant crime. 2) The lower court’s sentence against the Defendants of unfair sentencing (Defendant B: imprisonment of one year and two months, surcharge 13 million won, Defendant C: imprisonment of one year and two years, one year, two years, two years, two years of probation, two years of probation, one of the community service order, confiscation, nine million won, nine million won of a surcharge, one million won of a surcharge, and six million won of a surcharge).
2. The following circumstances acknowledged based on the evidence duly adopted and investigated by the court below, namely, ① the informant who reported the crime of this case and the defendant A who made a statement to the effect that the defendant B is the president, or that the defendant B is the president (Evidence No. 34, 121, 215 of the record). ② The police police police in the game site of this case, “the defendant B was unaware of the president, and the president was the president was the president.” “The method was the method was the method to make the defendant B clean and sloping, the method to settle each kind of game machine,” and “the defendant B was the credit cooperative in order to confirm the appearance and contact of the defendant B.”