The judgment below

We reverse the remainder other than the application for compensation among those.

A defendant shall be punished by imprisonment for five years.

Summary of Grounds for Appeal

The punishment sentenced by the court below (eight years of imprisonment) is too unreasonable.

However, in light of the fact that the robbery of this case is very planned and highly dangerous, that the defendant has been punished for the same kind of crime, and that the defendant has not recovered from damage, etc., the responsibility for the robbery of this case is not easy.

However, in light of the sentencing guidelines of the Supreme Court Sentencing Committee, considering the fact that the degree of damage to the victim of robbery is not heavy, the crime of robbery is committed once, the defendant is in depth, and the defendant is born as a result of the left hand handout disorder, the defendant's age, family relation, criminal records, criminal records, character and conduct, environment, motive and circumstance of the crime, method and method of the crime, and the circumstances after the crime, etc., the defendant's above assertion is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following is ruled again after pleading.

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. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 337 of the Criminal Act, the choice of punishment for the crime, Article 337 of the Criminal Act, Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 230 of the Criminal Act ( point of uttering of Illegal Public Document and Selection of Imprisonment)

1. Article 35 of the Criminal Act among repeated crimes (limited to the proviso to Article 42 of the Criminal Act in regard to the crime of robbery and the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;