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(영문) 부산고등법원 2014.12.11 2014노621

강도등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the court below on the Defendants (two years of imprisonment for each of the defendants, three years of suspended execution, two years of probation, two years of social service, and 240 hours) is deemed to be too unfluent and unfair.

2. Examining the various sentencing conditions in the instant case, the Defendants, along with accomplices, committed violence continuously while placing the victim on the rooftop or public notice board for eight (8) days on the ground that the crime is likely to occur, on the ground that the Defendants committed the crime, and detained the victim on the apartment rooftop or public notice board, and the victim suffered serious mental and physical pain due to the above crime, and the victim would have suffered serious mental and physical pain due to each of the instant crimes, and the victim would have received serious mental and physical pain from the Defendants. It appears that this would not be easily cured within the short period.

However, the defendants confession all of the crimes of this case and reflect their mistakes in depth, the amount intended to take lectures and the amount of damage caused by the use of the check is minor, and the victim's mother and the victim's mother do not want to punish the defendants any longer. Defendant A is a juvenile under the age of 19 years, Defendant B is a young person under the age of 19 years on the side, and all the defendants are the first offender who has no record of criminal punishment.

The above Defendants are disadvantageous or favorable sentencing factors. In full view of the fact that the court below sentenced the 2-year suspended sentence to the Defendants within the scope of the recommended sentencing guidelines in addition to each probation and community service for 240 hours, and other various sentencing conditions shown in the arguments of this case, including character and behavior, environment, family relationship, motive and background of the crimes, means and methods of the crimes, and circumstances after the crimes, etc., the court below shall render the defendants a suspended sentence of 3 years.