강도상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
The summary of the grounds for appeal: The defendant alleged the grounds for appeal by misunderstanding the original legal principles, but the two-time period of argument in the first instance trial was rejected.
The punishment sentenced by the court below against the defendant (four years of imprisonment) is too unreasonable.
Judgment
Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of such legal principles, considering various circumstances considered as sentencing factors in determining a sentence against the Defendant, the lower court, after the sentence of the lower court, intended the Defendant’s family members to compensate for a part of the crime of robbery in this case by paying damages to the victim, etc., and appears to have committed the instant crime by failing to make a correct judgment due to stress arising from an unforeseen growth environment and living environment, and there is no history of punishment other than a minor fine, and future.