강도상해등
The judgment of the court of first instance and the judgment of the court of second instance (including the part of the compensation order) shall be reversed.
Defendant
A shall be sentenced to 14 years of imprisonment;
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to the Defendants is too unreasonable.
B. The first instance court’s sentence imposed on Defendant A is too unhued and unreasonable.
2. Determination:
A. Prior to the judgment on the grounds for appeal by the Defendant A and the Prosecutor, the first and the second court rendered ex officio judgment on the grounds for appeal by the Defendant A, and the Defendant A filed an appeal against each of the judgment below (the prosecutor also filed an appeal against the Defendant). The court made a decision on the joint examination of each of the appeal cases by this court. Since each of the judgment below against the Defendant A is concurrent crimes under the former part of Article 37 of the Criminal Act, each of the offenses against the Defendant shall be sentenced to a single punishment within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, each of the judgment below against the Defendant A cannot be maintained any more.
B. As to the grounds for appeal by Defendant B and H, Defendant B, along with the upper Defendant A, forced the victim to board a vehicle to capture the victim by using the vehicle, took the victim beyond the victim and Handbags, etc., and inflicted injury on the victim in the process. Defendant H, in collaboration with the upper Defendant A, infringed on the victim’s residence in the new wall, taken the property by force on the victim’s house, and leap the victim’sJ. In light of the purpose and method of the crime, degree of damage, etc., the crime is very heavy.
However, in full view of the fact that the defendants are divided into the defendants, and that the defendant Eul agreed with the victim in the trial, that the defendant H agreed with the victimJ, and that there was no record of criminal punishment, and all the sentencing conditions in the arguments of this case, including the defendants' age, character, conduct and environment, the court below's judgment is the defendant B.