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(영문) 부산고등법원 2015.04.15 2015노68
특수강도등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by imprisonment of one year and three months, respectively.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court against the Defendants (the maximum of two years of imprisonment, the short of one year and six months; Defendant B: the maximum of one year and six months of imprisonment, the short of one year and one year and six months) is too unreasonable considering the fact that the Defendants are against the juvenile’s mistake and agreed with some victims.

2. Each of the crimes of this case committed by the Defendants in collaboration with other persons and took property or stolen money over several times at a coffee machine, and the nature of the crime is not less than that of the Defendants. The Defendants commenced a special larceny crime without any reflection after receiving the Juvenile Department's order on July 26, 2013 due to robbery, injury by robbery, etc. at the Busan District Court, and Defendant A committed each of the crimes of this case. However, there are unfavorable circumstances such as the Defendants led each of the crimes of this case. However, the Defendants led each of the crimes of this case. Meanwhile, there are no records of criminal punishment other than the Defendants’ confession of each of the crimes of this case and their mistake in depth, and there was no record of criminal punishment other than the Defendant’s disposition of suspending indictment and juvenile protective disposition, Defendant B agreed with the JJ, the victim of special robbery, and the Defendants agreed with considerable number of victims of special larceny, and considering the circumstances favorable to the Defendants including these circumstances and all of the conditions of punishment prescribed in Article 51 of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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