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(영문) 부산고등법원 (창원) 2013.08.30 2013노223

강도치상등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the first instance court on the Defendants (five years of imprisonment with prison labor for the Defendants A and one million won of fine, and five years of imprisonment with prison labor for the Defendants B) is too unreasonable.

2. In the case where the Defendants were in the trial for the first time, there are favorable factors for sentencing, such as the fact that the Defendants appeared to have committed the instant crime, that the victims U.S. and S have agreed smoothly with them, that they deposited KRW 200,000 for the victims I, and KRW 500,000 for N, and that Defendant B is the most favorable factor for sentencing.

However, the Defendants: (a) committed a theft of female passengers by driving a motorcycle on the part of female women; (b) committed a crime by forcing the victim N to leave the wall to the left by force; and (c) caused the victim to suffer from a light-to-hand boom; (b) Defendant A, together with other accomplices, committed a theft of the victim’s handbath and the vehicle without the driver’s license; (c) Defendant A driven the victim’s license without any relevant relevance, and driven the bath and the vehicle without any specific driver’s license; and (d) Defendant A committed a theft of the victim Qua without any relevant relevance on the ground that there was a high possibility of spreading the bath and the bathnth of the vehicle; and (d) Defendant A was also punished for the larceny of the victim Qua’s vehicle with no relevant relevance on the ground that it was found that there was a high possibility that the bath and the bathnth of the vehicle would not be subject to a new punishment on the ground that it was repeated in 2003 and around 201.