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All prosecutor's appeal against the Defendants is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendants committed a theft of the victims’ property jointly with each of the facts charged in the instant case (not guilty part against the Defendants). However, the lower court alone committed a crime by Defendant A.
As such, there is an error of misunderstanding facts and affecting the conclusion of the judgment.
B. Each sentence sentenced by the lower court (Defendant A: 10 months of imprisonment, 2 years of suspended sentence, 6 months of suspended sentence, 1 year of suspended sentence) is too uneased and unfair.
2. Determination
A. According to the facts and circumstances admitted by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the lower court was proven without any reasonable doubt as to each of the special larceny of the facts charged in the instant case.
The judgment of innocence is just and acceptable, and there is an error of law that affected the conclusion of the judgment by misunderstanding facts as pointed out by the prosecutor in the judgment of the court below.
It does not appear.
Therefore, the prosecutor's assertion of the above facts is without merit.
B. 1) Determination as to the wrongful assertion of sentencing 1) Defendant A’s crime of this case is not good, such as theft of property or theft of the frequency of the Defendant’s residence by intrusion upon another’s residence. However, the Defendant confessions and reflects his criminal act. At the lower court’s judgment, the victims do not want the punishment of the Defendant, and the Defendant did not have any previous criminal record, and the Defendant was a first offender with no previous criminal record, as well as other favorable circumstances, such as the circumstance of the instant crime, the Defendant’s age, and the circumstances after the instant crime, etc., that are the conditions for sentencing. In full view of all the favorable circumstances such as the following: (a) the Defendant’s crime of this case was committed by intrusion upon the other’
shall not be deemed to exist.
2) Defendant C committed the instant crime, such as theft of the frequency of the Defendant’s robbery and theft of the key of the vehicle between the other person.