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(영문) 부산고등법원 (창원) 2019.05.29 2019노111
강도상해등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that with respect to the punishment (four years of imprisonment, etc.) declared by the court below to the defendants, the defendants are deemed to be too unreasonable and unfair, and the prosecutor is too uneasible and unfair.

2. The circumstances are favorable to the Defendants, including the following: (a) the Defendants led to the confession of all the crimes and reflects the mistake; (b) the full agreement between the victim of the injury resulting from robbery and the victim of the injury resulting from robbery was made; (c) the degree of injury resulting from robbery is relatively minor; (d) the Defendants appears to have never expressed their intent to proceed to a more serious crime beyond the crime of the injury resulting from robbery from the beginning; and (e) the Defendants have no criminal power exceeding

On the other hand, each of the crimes of this case committed by the Defendants was prepared to commit robbery closely in advance and used by the public health clinics in rural areas.

The crime of robbery injury in this case is not only very poor, but also very poor, such as taking out cash by using the victim's body card in order to suppress the victim's resistance in the process by forcing a female victim to be selected as a victim of the crime and forcedly arrested, detained, and moving the victim to the state of being detained, withdrawing the victim's face by using the victim's body card, and causing injury to the victim. The Defendants' crime of robbery injury in this case was also a serious physical pain and mental suffering, and not only left the victim, but also there is a strict punishment that has caused serious threat to the public's trust on the safety of society. The defendants' use of the proceeds of the crime in casino, etc. are disadvantageous to the defendants.

In addition, the aforementioned circumstances and the Defendants’ age, character, conduct and environment, motive and background leading to the instant crime, the means and methods of committing the instant crime, and the circumstances after committing the instant crime, etc., and recommendations according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee.

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