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(영문) 광주고등법원 (전주) 2020.03.20 2019노223

특수강도

Text

The judgment below

Part concerning Defendant A and C shall be reversed.

Defendant

A Imprisonment for three years, and Defendant C for two years.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (Defendant A: 3 years of imprisonment, and Defendant C: imprisonment of 2 years and 6 months) is too unreasonable.

Judgment

Defendants and B conspired with foreign women in sexual traffic to take property deduction, and Defendant A intruded first of all studio by pretending to customers, and Defendant B, Defendant C, and Non-Named Persons waiting to studio outside the studio and intruded Defendant A into the studio at the studio where the contact between Defendant A and the studio, thereby reducing the money and valuables of women suffering from sexual traffic.

Defendants made it difficult for them to report damage to investigation agencies to commit crimes against women who are illegal aliens.

In light of the motive, method, means, and result of these crimes, the nature of the crime is heavy and the possibility of criticism is also high.

Defendant

A planned the instant crime and, at the same time, induced B, Defendant C, etc. to participate in the instant crime.

This is disadvantageous to the Defendants.

However, the Defendants divided their mistakes and reflect their depth.

Both the Defendants received a letter from the victim, and the victim does not want to punish the Defendants.

After being seized by investigation agencies, the victims of this case were temporarily returned to the victim, and the monetary damage of the victim was actually recovered.

Not only the family members and branch members of the Defendants want to be able to properly guide the Defendants, but also actively lead the Defendants.

Defendants have no record of being punished for the same crime, and Defendant A has no record of being punished for more than a fine.

This is favorable to the Defendants.

In full view of the circumstances favorable to the Defendants, their ages, character and conduct, intelligence and environment, circumstances after the crime, and changes in the appellate court, etc., the sentence of the lower court that sentenced the Defendants to imprisonment for three years or for two years and six months is too unreasonable.