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The judgment below
Of the above, the part concerning Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for a term of two years and eight months.
seizure.
Reasons
1. Summary of grounds for appeal;
A. (1) Fact-misunderstanding (1) Defendant A introduced N to M, but did not engage in physical color and act of disposal in the soft season, and only delivered the proceeds of the crime as stated in No. 19,20 No. 19 and No. 20 of the Crime List. Defendant A did not participate in the instant crime.
Even if the defendant C's name was known to the industry, it was no longer possible to enter into a contract for cutting off the period under the name of the defendant, and therefore, he did not participate in the crime No. 19,20 of the sight table No. 19,20 of the crime.
(3) Defendant D retired from committing the crime and went to Gwangju on May 27, 2017, the Defendant did not participate in the crime set forth in No. 17 to 20 of the List of Offenses that occurred thereafter.
B. The sentence of the lower court (three years of imprisonment for Defendant A, two years of imprisonment for Defendant C, and one year of imprisonment for Defendant D) against the illegal Defendants in sentencing is too unreasonable.
2. Determination
A. (1) In light of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, Defendant A’s misunderstanding of the facts, and the fact that the Defendant conspired with M,O, N, C, D, etc. in a successive and implicit manner, and the Defendant had a functional control over the entire crime of this case.
Since the defendant is responsible for all of the crimes of this case as a joint principal offender.
① At the lower court’s court’s trial on March 2017, M, Defendant, C, and D were also the Defendant, and M said that “Sales will be done by us.”
was stated.
The Defendant, at the early stage of committing the instant crime, participated in N as the president, and lived together with accomplices during the early stage from the beginning to the end of the instant crime.
(2) AD which has been purchased from M shall be determined by the court below.