강도상해
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for not less than three years and six months.
No. 4, No. 7, of seized evidence.
1. The main point of the grounds for appeal is that the lower court’s punishment (five years of imprisonment for each of the defendants) is too unreasonable;
2. Determination
A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.
Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.
On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
We examine whether the sentence of the lower judgment, which returned to the instant case, is too unreasonable in light of the substance of the specific case.
1. First, we examine the unfavorable circumstances against the Defendants.
The Defendants committed the instant crime with an intent to complete payment of the amount of entertainment expenses, and there is no reason to consider the motive for the commission of the crime.
The crime of this case was thoroughly planned by the Defendants, and Defendant A committed the crime in accordance with the above program with the captain’s face-to-face and sweaked, and sent clothes in the course of escape.
The crime tool is a dangerous object, and the victim is 70 prone money which is vulnerable to the crime, and the crime is not suitable in terms of the means of crime and the object of crime.
The injury suffered by the victim is also serious enough to require long-term hospitalization.
b) the Commission;