특수강도등
1. The part of the judgment below against Defendant A and B shall be reversed.
Defendant
A Imprisonment with prison labor for not less than six years, and Defendant B.
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendants (Defendant A: 7 years of imprisonment; 6 years of imprisonment; 3 years of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant D of the Prosecutor is too unhued and unreasonable.
2. Determination
A. The Defendants committed a special thief and special robbery on the same day. Among them, the crime of special robbery of this case led the victim to an impossible condition to resist himself/herself, and the nature of the crime is not very good in light of the method and circumstances of the crime, and the risk of the method of the crime. In particular, the Defendant provided hand-off for special robbery, confirmed the victim's status by telephone, and confirmed the victim's property by going through the phone. The Defendant had the record of being subject to criminal punishment several times prior to each of the crimes of this case, and completed the execution of the punishment by violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and committed another crime of this case even before one year has passed since it was impossible to resist him/her.
On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant recognized most of the crimes of this case, the amount of damage caused by each crime of this case is not significant, and the defendant deposited KRW 2,00,000 for the victim in the trial of the party, etc.
In addition, in full view of the defendant's age, sex, environment, family relation, criminal record, motive and background of the crime, method and consequence of the crime, the circumstances after the crime, and the range of recommended sentencing guidelines, the punishment imposed by the court below against the defendant is too unreasonable.
Therefore, the defendant's argument is justified.
B. The Defendants’ portion of sentencing against Defendant B is the same day.