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(영문) 서울고등법원 2013.09.06 2013노2256

특수강도등

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B.

Reasons

Summary of Grounds for Appeal

Each sentence sentenced by the court below to the defendants (two years and six months of imprisonment, and one year and eight months of imprisonment) is too unreasonable.

Judgment

The Defendants took money and valuables by threatening and threatening the victims I, P, etc., and took advantage of the fact that there is a high possibility of criticism in light of the law and frequency of the crime, and that the rest of victims except the victims of special robbery did not properly recover from damage.

However, in full view of all the sentencing conditions, including the Defendants’ age, family relation, criminal record, character and conduct, environment, motive and circumstance of the crime, method and method of the crime, etc., the sentence imposed by the lower court is deemed unfair, and thus, it is recognized that the Defendants’ punishment imposed by the Defendants is unreasonable, and thus, the Defendants’ above assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is well-grounded, and the following decision is rendered after pleading

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment concerning the crime: Articles 334(2) and (1), 33 (Special Robbery, Selection of limited imprisonment), 329 (Larceny and Selection of Imprisonment) of the Criminal Act;