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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s imprisonment (one year and four months of imprisonment) is too unreasonable.
(A) Although the Defendant asserted a mistake of facts in the statement of grounds for appeal, the Defendant explicitly withdrawn it on the first day of the trial of the first instance.
B. Defendant B (1) In relation to the crime described in paragraph 3(a) of the judgment of the court below, the Defendant thought that the damaged goods were owned by A and moved them to that effect, and there was no intention to larceny.
B) With respect to the crime described in paragraph 3(b) of the decision of the court below, the Defendant did not steals the damaged goods listed in No. 5 of the annexed crime list. 2) The sentence of unfair sentencing (one year of imprisonment) by the court below is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to Defendant B’s assertion of mistake of facts, namely, ① the Defendant made a confession from an investigative agency to the court below to the court below, and its contents are not in conflict with or inconsistent with the objective circumstances acknowledged by other evidence, and ② A, an accomplice of a crime listed in paragraph (a) of the judgment of the court below, who knows that the Defendant stolen the victim’s goods at the time of the commission of the crime, stated that the Defendant transferred the damaged goods to the court below; ② The victim I followed the Defendant’s theft of the damaged goods at the time and place No. 3(b) [Attachment No. 5] listed in the judgment of the court below, and then reported the damaged goods to the police immediately, and received temporary restoration after voluntary submission of the damaged goods. In light of the following circumstances, the facts can be sufficiently recognized by the Defendant’s voluntary or joint act, such as Paragraph (3)(a) and (b) of the judgment of the court below.
Therefore, this part of the facts charged is guilty.