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(영문) 대전고등법원 2012.11.14 2012노338
특수강도
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than two years and six months.

Defendant

A.

Reasons

1. Summary of the Defendants’ grounds for appeal

A. The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

B. The punishment sentenced by the lower court (a maximum of three years of imprisonment, a short of two years and six months) is too unreasonable.

2. Determination

A. The Defendant A committed the instant special robbery in collusion with his accomplices, inducing the victims to purchase sexual intercourse with them, and inducing them to force them to take advantage of these factors, and is a planned crime; there is a high risk that five or more persons jointly commit the crime; the Act on the Aggravated Punishment, etc. of Specific Crimes is highly likely to have committed the crime; Defendant A committed each of the instant crimes without being aware of the fact that Defendant A again committed the instant crimes without being aware of during the period of probation and probation, due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) on August 23, 2011, which was sentenced to the probation period and one year of probation; Defendant A committed each of the instant crimes without being aware of the age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

Defendant

A’s assertion of unreasonable sentencing is without merit.

B. Prior to the judgment on the grounds for appeal by Defendant B, Defendant B was examined ex officio prior to the judgment on the grounds for appeal by Defendant B, and Defendant B was a juvenile as provided in Article 2 of the Juvenile Act at the time of the judgment of the court below, but it is apparent from the fact that the period of the judgment of the court below became the adult. As such, the judgment of the court below that sentenced Defendant B to the punishment of non-taxation for a short term of two years and six months in imprisonment was no longer maintained.

3. Conclusion, Defendant A’s appeal is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. Meanwhile, the part of the judgment below against Defendant B is the same.

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