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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A (unfair sentencing) is under the wrongness of Defendant A; that Defendant A is a recipient of basic living with a disability of Grade 6 with a delay disability; that Defendant A was unable to perform his work due to the operation of the elbow tunnel blue military; that led to this case; that the degree of injury suffered by robbery is not large; that Defendant A agreed with the above victim is not significant; that part of the damage was recovered without any significant amount of damage caused by larceny, the sentence of the lower court ( Imprisonment with labor for three years and six months) is too unreasonable.
B. In light of the following: (a) Defendant A is highly likely to repeat the same criminal history on six occasions; (b) the frequency, method, details of damage, etc. of the instant crime; (c) there is no particular effort to recover damage; (d) Defendant B has reached eight times the criminal history; and (e) there is no good quality of the crime, such as providing flight funds for four times, etc., the lower court’s punishment against the Defendants (Defendant B: KRW 2.5 million) is too unreasonable.
2. Determination:
A. Defendant A was punished for the same kind of crime several times, and Defendant A committed the instant crime during the period of repeated crime, etc. is disadvantageous to Defendant A.
On the other hand, Defendant A recognized his mistake and the degree of injury caused by robbery is significant.
In the court below, it is difficult to see that the victim did not want to be punished by agreement with the victim, and that part of the victims of larceny agreed with the victim in the trial of the party is favorable to the defendant A.
In addition, comprehensively taking into account all the circumstances that form the conditions for sentencing specified in the instant records and theories, such as Defendant A’s age, sexual conduct, motive, means, and consequence of the commission of the crime, etc., the lower court’s punishment against Defendant A is too heavy or unreasonable.