특정범죄가중처벌등에관한법률위반(강도상해등재범)등
All appeals by the Defendants are dismissed.
1. The sentence (Defendant A: Imprisonment with prison labor for 7 years, Defendant B: Imprisonment with prison labor for 7 years and confiscation) declared by the first instance court on the gist of the grounds of appeal by the Defendants is too unreasonable.
2. In light of the fact that the Defendants committed each of the crimes of this case with Defendant B by using the same Act again even though they were sentenced to punishment for robbery, injury, etc. by taking the property as the object of the crime against many unspecified women in a short time, and by taking the victim’s injury during that process, the Defendants committed the crime of this case, even though they had been sentenced to a specific violent crime, they committed the crime again during the period of repeated crime even though they had the record of having been sentenced to punishment for the specific violent crime, and in particular, Defendant A committed each of the crimes of this case with Defendant B by using the same Act again even though they were sentenced to punishment for robbery, injury, etc. by using the same method.
However, in light of all the circumstances such as the Defendants’ confession of and reflects on their criminal acts, Defendant A’s confession, the victim did not want the Defendant’s punishment by mutual agreement with the victim N, the victims except the victim N were returned all the damaged goods, and the Defendants’ profits from the crime are not much high, considering the Defendants’ age, character and behavior, occupation and environment, motive, means and method of and methods for the crime, the circumstances after the crime, equity in punishment among accomplices, etc., the sentencing guidelines of the Sentencing Commission for the sentencing of the Supreme Court in light of all the following factors: (i) the Defendant A recommended type of sentencing by the Sentencing Commission on the sentencing guidelines of the Supreme Court: (ii) the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery, Injury, etc. by Robbery) falls under the basic area of “Habitual and repeated robbery” among the sentencing guidelines for robbery crimes; and (iii) the scope of sentence for the crime of special robbery by the second offender falls under the scope of sentence for the crime of special robbery.