강도상해등
The judgment of the court below is reversed.
Defendant
A and B shall be punished by imprisonment for three years and six months.
The Alphicalton, which has been seized, is wind.
1. The main point of the grounds for appeal is that the lower court’s punishment against the Defendants (four years of imprisonment with prison labor) is too unreasonable.
2. Before determining the Defendants’ grounds for appeal of unfair sentencing, this paper examined ex officio.
The court below selected a limited term of imprisonment or imprisonment with prison labor as prescribed for each of the crimes committed by the defendants as stated in the judgment of the court below, and sentenced the most severe punishment to concurrent crimes. Since imprisonment with prison labor for not less than seven years for each robbery and injury by robbery as stated in the judgment of the court below is stipulated in the statutory punishment, the minimum term of each of the crimes shall be seven years.
However, the lower court, without discretionary mitigation (including statutory mitigation), sentenced the Defendants to a punishment outside the scope of the penal punishment.
Ultimately, since each sentence of the lower court against the Defendants deviates from the scope of the applicable sentences permissible under law, the lower court’s judgment was no longer maintained.
3. Accordingly, without examining the Defendants’ assertion of unfair sentencing, the lower judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment is rendered again as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the Defendants recognized by this court are the same as the separate description of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Articles 337 and 30 of the Criminal Act, Article 347-2 of the Criminal Act, Article 347-2 of the Criminal Act, Article 331(2) and Article 331(1) of the Criminal Act, Article 329 of the Criminal Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act, Article 347(1), and Article 30 of the Criminal Act (the point of injury by robbery, the choice of limited imprisonment), Article 347(1), and Article 30 of the Criminal Act (the point of fraud, the choice of imprisonment), Article 329 of the Criminal Act, Article 152 Subparag.
B. Defendant B: Special larceny under Article 331(2) and (1) of the Criminal Act.