강도상해등
The Defendants’ appeal is dismissed.
1. The sentence of the lower court against the Defendants on the summary of the grounds for appeal (two years and six months of imprisonment, two years in short term and two years in short term and two million won in each case) is too unreasonable.
2. There are circumstances that can be considered in light of the circumstances, such as: (a) there is no criminal punishment except that the Defendants had been subject to juvenile protection disposition; (b) there is still no age of 19 years or less; (c) some of the victims of larceny did not want to punish the Defendants; (d) some of the damaged items were returned to the victims; and (e) Defendant A remitted KRW 1 million from the victim of robbery injury with medical expenses, etc. to the victims of robbery; and (e) the Defendants both recognized the crimes and divided the mistakes.
그러나 피고인들은 소년이라는 이유로 이미 수사기관과 법원으로부터 여러 차례 선처를 받았는데도 또 다시 단기간 내에 불특정 다수를 상대로 판시 범죄사실 기재와 같은 범행을 저질렀고, 이 사건 범행 중 상습절도의 경우 절도 횟수가 24회에 달할 뿐 아니라 피해 액수도 적지 않으며, 강도상해의 점 역시 심야에 취객을 상대로 한 이른바 ‘퍽치기’ 범행으로서 그 범행의 수단과 방법의 위험성 등에 비추어 볼 때 죄질이 매우 불량하다.
Furthermore, the sentence of imprisonment with prison labor imposed by the court below is to be mitigated on the ground that the punishment for the instant crime is a juvenile crime, and is close to the lower limit within the scope of the sentence to be mitigated, and seems to have sufficiently taken into account the above favorable circumstances. There are no special changes in circumstances to change in the circumstance in the trial. In addition, even if all of the conditions of sentencing as shown in the arguments in the instant case, including the Defendants’ age, character and conduct, environment, family relationship, motive and background of the crime, method and consequence of the crime, etc., are considered, it seems that the sentence imposed by the court below is too unreasonable.