강도상해등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than three years and six months.
Defendant
A.
1. Summary of grounds for appeal;
A. Although there is no fact that Defendant B had the face of the victim due to mistake of fact (Defendant B), the court below recognized this fact by misunderstanding the fact and thereby affected the conclusion of the judgment.
B. The respective sentence of the lower court (Defendant A: imprisonment with prison labor for three years and six months, and Defendant B: imprisonment with prison labor for four years) against the Defendants is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, in particular, according to the image of the photograph taken by the victim immediately after the crime of robbery in this case submitted by the victim and the victim's face, Defendant B can be found to have committed one time and two times the left head of the body between the victim's left eye and the view, so the above assertion by Defendant B is without merit.
B. As to the assertion on unfair sentencing, Defendant A did not have any criminal record other than three juvenile protective dispositions.
Defendant
A is against the recognition of the crime of this case.
In the first instance, agreement was reached with G, the victim of the robbery of this case.
Such circumstances are favorable to Defendant A.
However, the crime of robbery in this case was committed by Defendant A, in collusion with Defendant B and a female returning home at latest at night, by taking money against the female returning home with the victim and taking property from the victim and causing injury to the victim. The nature of the crime is poor, and the victim suffered a considerable mental impulse with physical damage. Defendant A also prepared robbery even after the robbery in this case.
These circumstances are disadvantageous to Defendant A.
It is difficult for the court below to take more preference to Defendant A by imposing a maximum sentence after mitigation of statutory punishment.
In addition to this point, Defendant A's age, character and conduct, intelligence and environment, and motive for the crime.