강도상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for eight years.
One seized bags (No. 34), Raber.
A. In light of the following: (a) the Defendant’s mistake was committed during the commission of all the crimes from this court to this court; (b) the Defendant has been already 20 young people; (c) part of the damaged goods was seized and returned to the victims; (d) the degree of injury suffered by the victims is relatively minor; (c) the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court is more than 7 years; and (d) other conditions of sentencing, such as the Defendant’s unsound family environment, character and conduct, the background of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.
Therefore, the defendant's above assertion is justified.
3. Therefore, the court below's decision is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows.
Criminal facts and the summary of evidence recognized by the court are all the same as the entries of the judgment below in each corresponding column of the court below, and they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 337 of the Criminal Act, Articles 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 330 of the Criminal Act, Article 330 of the Criminal Act, each of the choice of punishment for a crime;
1. Aggravation of repeated crime: Article 3 of the Act on Special Cases Concerning the Punishment of Specific violent Crimes, the proviso to Article 42 of the Criminal Act * Theft, intrusion upon residence, and robbery at night: Article 35 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act (aggravated Punishment for Robbery and Injury Caused by Robbery committed on August 8, 2012, whichever are the largest penalty and circumstances);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of conditions, etc. favorable to the accused as seen in the preceding);
1. Confiscation Article 48(1)1 of the Criminal Act