특수강도등
The judgment of the court of first instance (including the part not guilty in the grounds) and the judgment of the court of second instance are reversed.
Defendant
A shall be sentenced to three years of imprisonment;
1. Summary of grounds for appeal;
A. Defendants 1) 1 and 2 (the imprisonment of 3 years and 6 months, and 8 months, with prison labor of 2 years and 3 months) sentenced by the lower court is too unreasonable. 2) Defendant I’s imprisonment (one year and 6 months, with prison labor) sentenced by the first instance court is too unreasonable.
B. The prosecutor (the judgment of the court of first instance) misjudgmenting the facts reveals the form of assaulting D in a non-discriminatory manner from the moment when entered the victimJ's residence, or the fact that the victimJ sold the mobile phone under the name of S is to be reported to the police as fraud. The degree of intimidation was limited to the degree of suppressing the victimJ's resistance or failing to resist. Thus, the Defendants constitute a special robbery against the victimJ. 2) Since the court of first instance sentenced the Defendants of unfair sentencing, each of the above punishment imposed by the court of first instance against the Defendants is too uneasible and unjust.
2. Determination
A. We examine ex officio the judgment on the grounds for appeal by the Defendant A prior to the judgment on the grounds for appeal ex officio.
Defendant
Article 38(1) of the Criminal Act provides that “A shall be sentenced to both the first and second judgment against the Defendant and the second judgment against the Defendant A, and the Prosecutor appealed against the first and the second judgment against the Defendant.” The first and the second judgment against the Defendant shall be tried concurrently. The first and the second judgment against the Defendant shall be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act in relation to each of the crimes of conviction in the first and the second judgment against the Defendant. As such, the first judgment against the Defendant cannot be maintained as it is, since the first and the second judgment against the Defendant cannot be maintained.
In addition, the prosecutor applied for changes in the indictment to the effect that he withdraws part of the facts charged in the judgment of the court of first instance among the facts charged in this case against Defendant A, and this court's permission was changed to the subject of the judgment.