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(영문) 대전고등법원 2014.09.26 2014노300
특수강도
Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (three years of imprisonment) by Defendant A is too unreasonable.

B. The lower court’s sentencing against the Defendants by the prosecutor (the 3 years of imprisonment for the Defendants A, the 3 years of imprisonment for the Defendants B, C, and D: the 3 years of suspended execution in each of the two years and six months of imprisonment) is deemed to be too uneasible

2. Determination

A. As to the grounds for appeal by the Defendant A and the prosecutor, the crime of this case was committed in collusion with other accomplices in a planned manner against many victims by carrying a deadly weapon, etc., and the nature of the crime is not good. Defendant A again committed the crime of this case during the period of suspension of execution due to fraud. Meanwhile, Defendant A led to the confession of the crime of this case, the amount of damage of this case was relatively small, and the amount of the damage of this case was agreed with the victim L in the lower court, and the above victim did not want the punishment of the Defendant, it is difficult to deem that the lower court’s sentencing against Defendant A is too excessive or too unreasonable.

B. As to the grounds for appeal against the Defendants B, C, and D by the prosecutor, the instant crime was committed in collusion with other accomplices, and the nature of the crime is not good, and the victim Q and P did not take any particular measures for recovery of damage. In light of the fact that the Defendants B, C, and D committed robbery in a planned manner against many victims by carrying a deadly weapon, etc., the prosecutor’s assertion that the above Defendants need to be punished strictly is reasonable.

However, the above defendants reflect the crime of this case through confinement life in the court below for about three months, and the amount of damage caused by the crime of this case is relatively small. The above victims did not want the punishment of the above defendants because they agreed with L of the victim in the court below. Defendant B did not participate in the actual robbery.

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