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(영문) 서울고등법원 2016.04.20 2016노706

특수강도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court against the Defendants (Defendant A: three years of imprisonment, five years of suspended execution, and 120 hours of community service work, Defendant B: imprisonment with prison labor for two years and six months of suspended execution, four years of suspended execution, and 120 hours of community service) is too unreasonable.

2. The Defendants committed the instant special robbery and attempted special robbery jointly with the Defendants, which committed a special robbery on a new wall against an employee or a business owner’s PC mixed with each other, and the nature of the crime is heavy.

The crime of special injury of this case was committed by Defendant A with dangerous articles carried by Defendant A to inflict an injury on the victim N, and the crime of injury of this case was committed by Defendant A to the victim M.

Defendant

A has already been subject to criminal punishment several times prior to the instant case (one time a sentence of imprisonment with prison labor, one time a suspended sentence, and nine times a fine). Considering such circumstances, the Defendants need to be subject to punishment corresponding to their criminal liability.

However, the Defendants did not have any record of punishment for robbery in the past (in particular, in the case of Defendant B, there is no particular record of punishment except for the one-time fine for a crime). Defendant A recognizes all of the crimes of this case from the investigation stage to the trial at the trial at the trial, and reflects each of the crimes of this case, and Defendant B also recognizes all of the crimes of this case when it comes to the trial at the trial at the trial.

The extent of assault used by the Defendants in committing a special robbery against the victim G is relatively weak, and the amount taken by the Defendants is also relatively small.

The victims of each of the crimes of this case did not want to punish the Defendants by mutual consent.

Such circumstances are favorable to the Defendants.

The above circumstances and the defendants' age, sex, environment, motive and circumstance of the crime, the means and consequence of the crime, the degree of participation in the crime, circumstances after the crime, and the Supreme Court.