logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2015.02.05 2014노342
특정범죄가중처벌등에관한법률위반(강도상해등재범)등
Text

All of the first and second original judgments shall be reversed.

Defendant

A Imprisonment of 10 years and fine of 300,000 won, Defendant.

Reasons

Summary of Grounds for Appeal

Each court below's punishment (the first instance court: 8 years of imprisonment for Defendant A, 3 years of long-term, 2 years of short-term and 2 years of imprisonment for Defendant B: imprisonment for Defendant A; 6 years of long-term and 3 years of imprisonment for Defendant B; 2 years of short-term and 2 years of short-term) is too heavy (the prosecutor: with respect to the first instance court's judgment, all the Defendants are against the second instance judgment; and the second instance judgment is against the second instance court's judgment only for Defendant B).

Before the judgment on the grounds for appeal by the Defendants and the Prosecutor is examined ex officio prior to the judgment on the grounds for appeal by the Defendants and the Prosecutor, each judgment of the lower court that the Defendants and the Prosecutor filed an appeal was tried jointly in the trial. The facts of each of the above crimes against the Defendants are all concurrent crimes under the former part of Article 37 of the Criminal Act and one sentence is to be imposed. Thus, each of the lower judgment against the Defendants was

The judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendants and the prosecutor's allegation of unfair sentencing, and the judgment below is again decided 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 each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 5-5 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 337 and 30 of the Criminal Act (the point of injury by robbery, the choice of limited imprisonment), Article 331(2) and (1) of the Criminal Act (the point of special larceny), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the point of driving without a license, the selection of fines)

B. Defendant B: Articles 337 and 30 of the Criminal Act (the point of injury by robbery and the choice of limited imprisonment), Article 331(2) and (1) of the Criminal Act (the point of each special larceny), Articles 347(1) and 30 of the Criminal Act

arrow