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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for eight years.
information about the defendant for a period of six years.
Reasons
1. Summary of grounds for appeal;
A. The defendant has not committed any misunderstanding of facts and any misunderstanding of legal principles concerning robbery and rape (Article 1 of the original judgment). 2) The consent of the court below to the written statement by the police of the victim C, which is a valuable evidence in relation to this part of the crime, was made in fact by the full bench for a meeting or a paper, and thus, it is hard to maintain its validity in light of the spirit of ensuring due process of law.
Even if a defense counsel of the defendant gave consent to the evidence at the court below, this is inconsistent with the defendant's argument, and thus, the appellate court reverses it and denies its contents and agrees to it as evidence.
B. Error of facts concerning special larceny (Article 2 of the facts stated in the judgment of the court below) The Defendant at the time reported that the Loneex Corscison was left alone on the road front of the N’s restaurant at the time, and went into the vehicle and string the vehicle to the end, but did not steals the key of the vehicle by intrusion into the victim E cafeteria, and did not steals or steals the vehicle.
C. The Defendant, on August 17, 2015, committed a misunderstanding of facts as to the violation of the Act on the Control of Narcotics, Etc. (the original judgment) (Article 3-1(a) of the Act on the Control of Narcotics, Etc., but did not deliver a phiphone to G.
The punishment sentenced by the court below on unreasonable sentencing (10 years of imprisonment, 8 years of disclosure and notification order, 10 years of employment restriction order) is too unreasonable.
2. Ex officio determination
A. On December 16, 2015, the Defendant was sentenced to one year of imprisonment, one year of suspended execution, two years of imprisonment on September 10, 2016 at Seoul Southern District Court, and the judgment became final and conclusive on September 10, 2016. ② On April 19, 2018, the Seoul Central District Court sentenced the violation of the Act on the Control of Narcotics, etc. (fence), larceny, concealment of criminals, and unlawful uttering of official document, and sentenced to one year and six months of imprisonment and three months of June 29, 2018.