강도상해
All appeals filed by the prosecutor, the defendant A, B, and C are dismissed.
The main prosecutor of the appellate court’s sentence (Defendant A and B: 3 years of short-term imprisonment for a maximum of 4 years; 4 years of imprisonment for each of the long-term 4 years; 3 years of suspended execution; 3 years of suspended execution; 2 years of defendant D; 3 years of defendant E and F: each of the two years and six months of suspended execution; 4 years of suspended execution) is too unreasonable.
Defendant
The sentence of the court below A, B, C is too unreasonable.
Judgment
Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
Unless there exist such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court: (a) the Defendants conspired to commit robbery; (b) the Defendants committed robbery in light of the background, means and result of each of the instant crimes; and (c) the Defendants’ nature of the crime is not very good; and the victims of robbery committed robbery by: (a) the victims of the instant crime committed robbery were hospitalized in a middle patient room, etc. after suffering from serious injuries, such as blood species outside the brain clitha, dubing, the left side, and the ceiling dubing; (b) the Defendants did not take any measures to recover the damage; and (c) the Defendants did not receive any remedy from the injured; and (d) the Defendants did not receive any remedy.