Text
All judgment of the court below shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for six years and ten months, and by imprisonment with prison labor for eight months.
Reasons
1. Summary of grounds for appeal;
A. As to the crime in the judgment of the court below in the 3rd instance against the misunderstanding of facts and misapprehension of legal principles (as to the judgment of the court below of the third instance), the defendant was ordered by C, etc. and asked the defendant W to do physical color against CM and CN, and since the defendant was removed the defendant's influence on the crime of this case as he refused to participate in the crime, the defendant cannot be punished as a joint principal offender.
2) Illegal argument on sentencing (as to the entire judgment of the court below), each sentence (the first instance court of first instance: imprisonment with prison labor of four years; imprisonment with prison labor of three years; imprisonment with prison labor of three years; imprisonment with prison labor of three years; imprisonment with prison labor of one year) of the court below is too unreasonable.
B. Defendant W (the judgment of the court below No. 3) did not have conspired to commit the instant crime.
2) The sentence (one month imprisonment) sentenced to the defendant with the first three original sentence of sentencing (one month) is too unreasonable.
2. Determination on Defendant A’s grounds for appeal
A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
1) The grounds for ex officio reversal following the combination of cases concerning appeal Nos. 1 and 2 against the defendant and appeal cases concerning the judgment of the court below Nos. 3 and the judgment of the court of appeal against the defendant. Each of the offenses in the judgment of the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the court below No. 1, 2 and 3 of the judgment of the court below against
2) Of the facts charged by the lower court on September 14, 2013, as well as on September 16, 2013, the grounds for ex officio reversal of each of the frauds (No. 2 lower judgment) and the summary of the facts charged by the lower court on September 14, 2013 and the summary of the fact that the Defendant committed fraud on September 14, 2013 and that of special larcenys (a) together with co-defendant AH, etc., even if having received the purchase price, the fact that the Defendant received the purchase price.