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(영문) 광주고등법원 2018.11.15 2018노301

특수강도등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B Imprisonment with prison labor for a maximum of two years and a short of one year.

Reasons

1. As to Defendant B’s assertion of unfair sentencing, it is the sentencing factor to be newly considered for the Defendant, that the victim N, Y, and the victim did not want to be punished against the Defendant by mutual consent, as the victim N, Y, and the first agreed that all of the Defendant’s non-licensed driving that was denied by the lower court.

In addition, the court below should consider for the sake of the defendant, such as that the victim does not want the punishment of the defendant, that the defendant is sufficient to improve his/her edification as a juvenile, and that there is no record of criminal punishment until it has yet to be punished.

In light of these circumstances, the sentencing of the court below is too unfair compared to the responsibility of the defendant, even if considering all of the factors of sentencing, such as the defendant's age, sex, environment, family relation, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case, and the circumstances after the crime.

The defendant's ground of appeal claiming this is with merit.

2. As to Defendant E’s argument of unfair sentencing, the following factors are considered in full view of the following: (a) the Defendant: (b) induced the victims of sexual traffic with his accomplices; (c) imprisoning them; (d) expressed a desire to a correctional officer even after being detained; and (e) obstructed the performance of his duties; and (e) the Defendant’s participation in the crime of extortion under paragraphs (1) and (2) of the judgment below is not easy; (d) the Defendant did not recover damage to the Victim N; and (e) the Defendant committed each of the instant crimes without being aware of the past record of criminal punishment and multiple juvenile protective disposition; and (e) the Defendant committed each of the instant crimes without being aware of the past record of criminal punishment and the record and arguments.