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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant A conspired to instruct other accomplices at the time of committing the instant crime, or did not actually instruct Defendant C and E to manipulate the distribution season, or did not contribute significantly to the commission of the instant crime.
B. Each sentence (Defendant A, B: Imprisonment with prison labor for 2 years and 6 months, Defendant D: imprisonment for 3 years, Defendant C, and E: Imprisonment with prison labor for 1 year and 6 months) declared by the court below on the Defendants are excessively unreasonable.
(The defendant C and E have asserted that there was an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court, but withdrawn the above assertion on the first trial date of this court).
A. In light of the evidence duly adopted and examined by the court below as to Defendant A’s assertion of mistake of facts, and in particular, in light of the confession statement made by Defendant A in the court of original judgment and each of the statements made by the investigation agency or the court of original judgment, it can be sufficiently recognized that Defendant A conspired with other accomplices as stated in the facts constituting the crime of this case through functional control by ordering the operation of the distribution machine, which is the oil equipment, after the Defendants conspired with other accomplices. Thus, this part of the allegation by Defendant A cannot be accepted.
B. As to the Defendants’ assertion of unfair sentencing, Defendants B, C, D, and E are against the mistake while recognizing the crime, part of stolen petroleum was recovered and returned to the victim, Defendant A deposited an additional amount of KRW 5 million in this court, following this court’s deposit of KRW 20 million in this court, Defendant D deposited KRW 20 million in this court, and Defendant C, and the degree of participation in the crime is relatively minor.
Meanwhile, the Defendants conspired to commit the instant crime and stolen oil by drilling the pipelines, which are the national infrastructure.