강도상해등
Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed.
Defendant
A shall be punished by imprisonment for four years.
1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants is too unreasonable. The punishment (e.g., imprisonment of three years and six months, Defendant A: imprisonment of the court below of first instance, four years, and imprisonment of the court of second instance with prison labor of eight months) is too unreasonable.
2. Determination
A. We examine ex officio the grounds for appeal by Defendant A prior to determining ex officio on Defendant A.
Defendant
Article 38(1) of the Criminal Act provides that a single sentence shall be imposed pursuant to Article 37(1) of the Criminal Act on the grounds that the first and second judgment of the court below against A rendered each of the above appeals cases, and that the part against A among the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained in all of the judgment of the court of second instance.
B. The first instance court on Defendant N’s assertion of unfair sentencing regarding Defendant N’s assertion that there is a high possibility of criticism in that: (a) Defendant N made a proposal to Co-Defendant N of the first instance court for the instant crime; (b) Defendant N made an agreement by assaulting and threatening the victim several times in a telecom, and taking the card by force by assaulting and threatening the victim several times on the ground that the amount is low; (c) Defendant N made a strong amount of damage to KRW 578,00,00; and (d) Defendant N made a proposal to the Co-Defendant O of the first instance court for the instant crime to have the remaining accomplices commit the instant crime; (b) Defendant N expressed the prospective desire to be healthy at the age of 19 years; and (d) Defendant N made an agreement by paying KRW 250,00 to the victim; and (e) Defendant E, a mother, led to the confession of the instant crime by assaulting and threatening the victim; and (e) Defendant N appears to have received criminal punishment on the part of the Defendant 1.