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(영문) 부산고등법원 (창원) 2013.04.12 2013노21

특수강도등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (the punishment sentenced by the defendant A, B, the imprisonment of the defendant C in three years and six months, and the imprisonment of the defendant C in three years) is too unreasonable;

2. It is recognized that there are favorable factors for sentencing, such as the defendants' acknowledgement of the crime and the fact that the defendants are against their own will, the defendants' economic situation seems difficult, and the most urgent reason to support their families, and the victims of the special robbery of this case, the J and K have reached an agreement with their families.

However, while the Defendants: (a) committed an robbery with a deadly weapon and committed robbery with the victim’sJ and K’s knife the victims; (b) knife the victims; (c) knife the victims; and (d) knife and knife the scene of the crime after purchasing the knife and knife the knife in order to commit robbery; and (b) knife and interview the scene of the crime; (c) the Defendants suffered emotional distress and inflict considerable damage exceeding 6.22,00 won; and (d) Defendant A led the knife of the apartment in order to commit robbery; and (d) Defendant B took the lead in the crime of disposing of stolen goods using another person’s driver’s license acquired after the robbery; and (e) Defendant B took the lead in the crime of this case, not only the subject of the crime but also the subject of the crime but also the leading factor to the crime.

Examining the aforementioned factors of sentencing and the Defendants’ age, character and conduct, intelligence and environment, the motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. comprehensively, the sentence sentenced by the first instance court is deemed appropriate, and it is too unreasonable.

Therefore, the Defendants’ .