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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for four years.
Defendant
C.
Reasons
1. Summary of grounds for appeal;
A. Defendant A: The sentence of imprisonment with prison labor (4 years of imprisonment and confiscation) of the lower court is too unreasonable.
B. Defendant C: The sentence of the lower court (three years of imprisonment) is too unreasonable.
2. Determination:
A. According to Article 48(1)1 of the Criminal Act, Defendant A’s grounds for appeal ex officio prior to the judgment on the grounds for appeal by Defendant A, where the goods provided or intended to be provided for criminal acts are not owned by a person other than the criminal, or are knowingly acquired by a person other than the criminal after the crime, the whole or part of the goods may be confiscated.
However, according to the records of seizure and the list of seizure (2012 high-priced 247 case records No. 23 pages of evidence), two rubber holders (Evidence No. 15) seized are indicated as being the victim F. On the other hand, the above two rubber holders (Evidence No. 15), which were provided or intended to be provided by the defendant A or his accomplice B for the crime of this case, are not owned by others, or are acquired by others with knowledge of the fact that they were acquired after the crime of this case.
Nevertheless, the court below ordered the confiscation of 2 rubber Cokes, which erred by misapprehending the legal principles on mistake of facts or confiscation, which affected the conclusion of the judgment.
B. It is recognized that Defendant C made a confession of all of the instant crimes and reflects the depth of the instant crimes.
However, Defendant C committed each of the instant crimes even if he had had the record of being punished for the same criminal offense, and most of the instant crimes were planned to be jointly with accomplices, and used the correction mechanism, such as entrance, etc., in the case of a considerable number of crimes, up to the removal section, and up to 14 victims totaled KRW 75 million.