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Defendant
In addition, both the appeal filed by the respondent A and Defendant B shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence (two years and six months of imprisonment) imposed by the Defendant and the person against whom the attachment order was requested by the lower court (hereinafter “Defendant”) is too unreasonable.
B. Defendant B (1) misunderstanding of facts) Defendant A was involved in the crime by proposing the larceny of the instant convenience store, and the role of Defendant A was also known to Defendant A by inducing the victim’s attention at convenience store or confirming whether there is another person at convenience store. Thus, only the aiding and abetting the crime of larceny or robbery and the injury by robbery cannot be established, and it cannot be viewed as a co-principal of the crime of robbery and robbery and injury by robbery. (2) The sentence of imprisonment with prison labor (three years and six months) of the lower court is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below as to the defendants Eul's assertion of mistake of facts, and in particular, according to the defendants' statement with the assent of the investigative agency, the defendants initially induced the victim to a sports Saturday game room away from the calculation unit, and the defendant Eul attempted to capture the victim to a string away from the calculation unit, and in accordance with the plan, the defendant Eul attempted to attract the victim to a convenience store. However, as the victim is doubtful of the defendant Eul's behavior, the defendant Eul got out of the convenience store, and the defendant Eul tried to take out the money from the convenience store. The defendant Eul prepared the string pipe or each item of the string pipe, and called "the defendant Eul was able to attract the victim" to "the victim to take advantage of the string pipe or the string of money, and let the victim take money from the victim's escape to the convenience store near it. The defendant A consented to this and tried to take out the money from the victim's escape.