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Of the judgment of the court below of first instance, the part against Defendant A and the judgment of the court below No. 2 shall be reversed.
Defendant
A shall be punished by imprisonment for a period of three years and six months.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment (the first instance judgment: imprisonment with prison labor for one year, and the second instance judgment: imprisonment with prison labor for three years) is too unreasonable.
B. As to Defendant B1’s misunderstanding of facts and misunderstanding of legal principles regarding the instant case, the Defendant was only the victim, and did not obtain the AB’s property in collusion with A, in collusion with A.
Nevertheless, the court below found the defendant guilty in the above case and erred by misunderstanding the facts and misunderstanding the legal principles.
2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. We examine Defendant A’s reasons for appeal ex officio prior to the judgment.
Defendant
The judgment of the court below against A filed an appeal against the defendant A, and the court decided to consolidate the above appeal cases.
All of the crimes committed by the lower judgment guilty against Defendant A are concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Therefore, the lower judgment against Defendant A became unable to be maintained as it is.
3. Judgment on Defendant B
A. The Defendant also asserted the same purport in the lower court’s judgment as to the assertion of misunderstanding of facts and misapprehension of the legal doctrine, and the lower court found the Defendant guilty of this part of the facts charged on the basis of the evidence duly adopted and examined, such as the witness’s and AB’s statement
Examining the judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of conviction by the court below is just and there is an error of law as alleged by the defendant.
Therefore, the defendant's above assertion is without merit.
B. Even if the Defendant’s judgment on the unfair argument of sentencing considers the circumstances favorable on the grounds of appeal, the lower court takes full account of all the circumstances regarding the sentencing.