강도치상등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. In light of the various sentencing conditions of the Defendant’s instant case, the punishment imposed by the lower court (one knife knife knife, one seized knife and one glass tape) is too unreasonable.
B. In light of the various sentencing conditions in the instant case by the Prosecutor, the above sentence imposed by the lower court is too uneasible and unfair.
2. Examining the various sentencing conditions in the instant case, the Defendant planned the robbery in advance by purchasing and possessing the criminal tools, such as knife, in the underground parking lot of the apartment house familiar with the Defendant, in which the Defendant was influence, and planned the robbery in this case, such as scambling the subject of the crime, and scambling the victim F with the knife and threatening the victim F with the knife, and cutting the knife and the knife the knife, and suffered an injury that requires approximately five weeks medical treatment. In light of the interview, risk, degree of injury, etc. of the instant crime, the crime is very heavy, and the mental, physical shock, and pain suffered by the victim F was very serious. Moreover, the Defendant stolen the credit card, etc. of the victim J who was hospitalized in the same sick room and did not recover the damage even after receiving the 2.5 million won through cash withdrawal, and there are many circumstances unfavorable to the Defendant.
On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant committed each of the crimes in this case, and the defendant appeared to reflect his mistake in depth, the defendant has no criminal records of the same kind and suspended execution as well as the theft of fine of KRW 3 million, and the fact that the victim F of the bodily injury resulting from robbery has reached an agreement with the court below.
As above, the statutory penalty for the crime of bodily injury resulting from robbery of this case is imprisonment for life or for not less than 7 years, and the court below selected a limited term of punishment and conducted concurrent crimes and discretionary mitigation, and then the scope of the applicable punishment under the law ( Imprisonment between 3 and 6 June 22 and June).