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The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for not less than two years and six months.
The defendant as to any seized evidence 1 to 8.
Reasons
1. The grounds for appeal (unfair punishment) asserts that the punishment sentenced by the court below against the Defendants (a three-year imprisonment and confiscation against Defendant A) is too unreasonable.
2. Before determining the Defendants’ assertion of unfair sentencing, the lower court ex officio examined the Defendants’ assertion of unfair sentencing, and the lower court erred by omitting the attached list of crimes among the reasons of the lower judgment, thereby not specifying the facts of crime, thereby adversely affecting the conclusion of the judgment
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
Criminal facts
[Attachment] Defendant A was sentenced to imprisonment with prison labor for larceny, etc. at the Suwon District Court on January 22, 2003; on January 18, 2007, Defendant A was sentenced to a fine of five million won for larceny, etc. at the Suwon District Court on January 18, 2007; and on January 25, 2008, Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on January 2
Defendant
B On May 4, 2004, the Suwon District Court sentenced 8 months of imprisonment with prison labor for a crime of attempted special larceny, and sentenced 10 months of imprisonment with prison labor for a special larceny at the Seoul Southern District Court on June 8, 2006, and sentenced on December 16, 2008, the Jeonju District Court sentenced 1 year and 6 months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Southern District Court on December 16, 2008 and completed the execution of the sentence in the Jeonju Prison on April 17, 201.
【Criminal Facts】
The Defendants, as they become aware of in the society, conspiredd to malutize cash, etc. into a restaurant which is unfolded after the business is completed in order to prepare entertainment expenses, etc.
The Defendants, following the aforementioned public offering, are entering the Drocketing car and black the object of the crime. At around 04:00 on September 16, 2012, the Defendants came to a restaurant operated by the Victim F in Suwon-si E located in Suwon-si, Suwon-si, and Defendant B came to the network of another person from the ene car driver’s seat.