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(영문) 서울고등법원 2016.12.07 2016노2472
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The crime as described in paragraphs (1) through (3) of the facts constituting a crime in the judgment of the court below in the misconception of facts is the sole criminal conduct of co-defendant B, and the Defendant did not have participated in the crime. Nevertheless, the court below judged that the Defendant was the joint principal offender of each of the above crimes, and there was an error of misconception of the facts in the judgment below. 2) The sentence imposed by the court below of unfair sentencing (a prison term of three years and six months and

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the defendant's assertion of mistake of facts that the court below alleged to the same effect as the above assertion of mistake of facts (Provided, That in the case of the court below, the defendant denied all of the crimes listed in paragraphs (1) through (5) of the facts stated in the court below's decision, and only denies the crimes listed in paragraphs (1) through (5) as they came to the first instance court, the court below rejected the defendant's assertion by reasoning of detailed circumstances in 6th 17 to 9th 11 of the decision.

Examining the circumstances admitted by the court below in comparison with the evidence duly admitted and examined by the court below, the judgment of the court below is just.

Therefore, the judgment of the court below cannot be said to contain an error of misconception of facts as alleged by the defendant, and this part of the defendant's assertion is without merit

B. Each of the instant crimes against Defendant A’s assertion of unfair sentencing regarding the Defendants’ assertion on the allegation of unfair sentencing is a property by intrusioning the Defendant’s hallway window via the window on the hallway stairs in a case where, in collaboration with Co-Defendant B, the Defendant colored a house that could be an object of the crime in the apartment complex, the Defendant appears to have been aware of the house due to her appearance.

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