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(영문) 광주고등법원 (전주) 2019.02.22 2018노111
특수강도등
Text

The part concerning Defendant A and B of the judgment of the first instance and the judgment of the second instance shall be reversed, respectively.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) The punishment (two years and six months of imprisonment) of the second instance judgment against Defendant A is too unreasonable. 2) The punishment (three years of imprisonment) of the second instance judgment against Defendant B is too unreasonable.

3) It is unreasonable that the punishment of the second instance judgment against Defendant C is too excessive (four years of imprisonment) and that of the second instance judgment against Defendant D is too unreasonable. 4) The punishment of the second instance judgment against Defendant D (three years and six months of imprisonment) is too unreasonable.

B. The punishment of the first instance judgment against Defendant A by the public prosecutor (two years and six months of imprisonment, four years of probation, and 80 hours of community service order) and the sentence of the second instance judgment against Defendant B (two years and six months of probation, four years of probation, and 80 hours of community service order), and the sentence of the second instance judgment against Defendant C and D is too uncomfortable.

2. Prior to the judgment on the appeal by the defendant A and B and the appeal by the prosecutor against the defendant A and B, the judgment on the grounds for appeal by the defendant A and the prosecutor is examined ex officio.

After the judgment of the court of first instance and the judgment of the court of second instance regarding the Defendants, the prosecutor filed an appeal against the Defendants B among the judgment of the court of first instance and the judgment of the court of second instance, and the Defendants filed an appeal against the judgment of the court of second instance, respectively, and the court of

However, among the judgment of the court of first instance and the judgment of the court of second instance, each of the crimes in the judgment against the Defendants is concurrent crimes under the former part of Article 37 of the Criminal Act by each of the defendants, and thus, one punishment should be sentenced simultaneously pursuant to Article 38

Therefore, among the judgment of the first instance and the judgment of the second instance, the part against the Defendants cannot be maintained as is.

3. Defendants C, D’s appeal and prosecutor’s appeal against Defendant C, and C, and D’s appeal against each of the instant crimes are against their mistakes while committing the instant crimes, and there is no record of criminal punishment against the Defendants, and victim R, X, and W.

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