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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A Imprisonment of one year and six months, and fine of 4,000,000 won.
Reasons
1. Summary of grounds for appeal;
A. Defendant A did not engage in gambling with B, C, D, and instead, Defendant A was robberyed against them.
Defendant
A had no intention to commit the crime of interference with each of the operations of this case (misunderstanding of the fact that there was no intention to mislead the victims of the crimes of this case, to attack AG, or to commit the crime of interference with each of the operations of this case). The punishment (one year and six months of imprisonment, and a fine of four million won) imposed by the lower court is too unreasonable (negative). (b) The punishment imposed by the Defendant C and E (Defendant C: a fine of four million won, and a fine of three million won) is too unreasonable (unfair sentencing).
A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, pursuant to Articles 157 and 153 of the Criminal Act, if a person who committed an offense without accusation under Article 156 of the same Act makes a confession or a confession before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or exempted, and thus, the confession prior to the final and conclusive judgment shall be stipulated as the grounds for necessary mitigation or exemption. In addition, if a person made a confession prior to the final and conclusive judgment or disciplinary action at the lower court, then the confession shall be reversed and the fact of false accusation shall not be denied.
According to the record, on May 25, 2018, the Defendant recognized all the facts charged of this case on the first trial date of the lower court on May 25, 2018, and recognized the fact that he/she led to the confession of a non-guilty crime. This appears to have been prior to the final and conclusive judgment of each trial for E, B, C, D, L, L, R, Te, T, Y, AA, AB, and AC, and thus, the requisite reduction and exemption of the punishment should be made.
After that, it is true that the defendant reversed the confession and denied all the accusation.
Therefore, the judgment of the court below that did not provide legal mitigation for confession cannot be maintained in this respect.
However, it is true that there is such reason for reversal.