All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing)’s punishment (4 years of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of the facts and misapprehension of the legal principles, and ① the lower court convicted accomplices who are not admissible as evidence of the facts charged in this case on the grounds of the lower court’

② Defendant B took part in the crime of this case L, and was completely relieved from the crime of this case since July 2016.

2) The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. According to Article 316(2) of the Criminal Procedure Act, in a case where a statement made by a person other than the defendant at a preparatory hearing or on a trial date is the content of a statement made by another person other than the defendant, it may be admitted as evidence only when it is proved that the person who made the original statement was unable to make a statement due to death, illness, overseas residence, unknown whereabouts, or any other similar cause and that the statement was made under particularly reliable circumstances.

The term “person who is not a defendant” as referred to in this context is interpreted to mean that no third party does not speak, and all co-defendants or accomplices are included (Supreme Court Decision 201Do7173 Decided November 24, 201). In addition, a protocol in which a full-time statement or a full-time statement is recorded is inadmissible as evidence in principle in accordance with Article 310-2 of the Criminal Procedure Act. However, the full-time statement is admissible only when it is impossible for the person who made the full-time statement to make a statement due to death, illness, residence in a foreign country, or any other reason, and the statement is made under particularly reliable circumstances pursuant to Article 316(2) of the Criminal Procedure Act.

The protocol in which a professional statement is written shall be the case where the admissibility of evidence can be recognized in accordance with the provisions of Article 312 or 314 of the Criminal Procedure Act, as well as the case where it is also the case.