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(영문) 대전고등법원 (청주) 2013.08.22 2013노74
특수강도
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The respective sentence of the lower court against the Defendants (the community service order of 200 hours for each of the two years and six months of imprisonment, each suspended sentence of four years, each of two years probation, Defendant A and B, and each of the two years probation, Defendant C and D) is too unaffortable and unfair.

Judgment

In light of the fact that the Defendants committed the instant crime by preparing in advance the crime attempted to commit excessive arrest, mastk, lock, and lock, etc. and planned the instant crime, threatening the said victim and forcibly taken money and valuables with convenience points neglected by the victim K of the new wall, Defendant A and B did not agree with the victims (K and convenience store operator I). Defendant C and D did not agree with the victim I. Defendant C and D did not agree with the victim I. Defendant A were suspended indictment due to special larceny, Defendant B were subject to protective disposition against juveniles due to special larceny, Defendant C was subject to suspension of indictment, and Defendant C was subject to suspension of indictment due to violence.

However, the defendants committed the crime of this case at a relatively old age while citing excessive charges and threatening the victim K, but actually did not injure or assault the above victim, and the amount of damage from the crime of this case is not so significant for about four months, Defendant A, B, and C reflect their mistakes in depth through their prison life for about four months, Defendant C agreed with the victim K, Defendant D is in violation of the agreement with the victim K, Defendant D was in depth, and the victim I deposited a certain amount into the victim K, the victim I deposited the victim I as the repayment of damage, the suspension of indictment as seen earlier, and the record of juvenile protective disposition, etc. excluding the record of juvenile protective disposition, the defendants still did not have the record of criminal punishment. The defendants grow up in an unstable environment due to parents' divorce, etc., and other character and behavior, family environment, the method and result of the crime of this case, the circumstances after the crime, etc.

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