특수강도등
The judgment below
The part against the Defendants is reversed in entirety.
Defendants shall be punished by imprisonment with prison labor for not less than two years and six months.
1. The summary of the grounds for appeal that the court below sentenced the defendants to the punishment (two years and six months of imprisonment) is too unreasonable.
2. The crime of special robbery of this case is planned by abusing the fact that it is difficult to report robbery damage even if the Defendant had a large amount of cash, and the Defendants’ liability for the crime of special robbery of this case is not that of the total amount of damage resulting therefrom.
However, the Defendants recognized all the crimes of this case and divided the mistakes. After the judgment of the court below, the Defendants agreed with part of the victim of the crime of special robbery after the judgment of the court below, they did not want to punish the Defendants. Defendant C did not have any record of criminal punishment prior to the crime of this case. Defendant B did not have any record of criminal punishment prior to the crime of this case, and Defendant B’s family members and branch members agreed to guide and correct the Defendants when they return to the society. Defendant B donated 50,000 won to the Red Cross company of Korea in lieu of recovery of damage, and Defendant C donated 3.8 million won to religious organizations, taking into account the characteristics of the victim who was the criminal.
In full view of all these circumstances, the sentencing of the lower court on the Defendants is too unreasonable in light of the Defendants’ age, sexual conduct, environment, circumstances after the commission of the crime, etc.
3. In conclusion, the part of the judgment below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is made through pleadings, on the grounds that the Defendants’ appeal is well-grounded.
[Majority Opinion] The Criminal Procedure Act applies to the facts constituting a crime and the summary of evidence recognized by the court, as stated in the judgment below, since the gist of facts constituting a crime and the evidence is identical to the relevant column of the court below (except for the part 540 Gohap 2015).