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(영문) 서울고등법원 2015.03.27 2015노89
강도상해
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below to the defendants (the four years of imprisonment with prison labor for the defendants A, B and C, the four years and six months of imprisonment with prison labor for the defendants D, and the three years and six months of imprisonment with prison labor for the defendants E) is too unreasonable.

Judgment

The Defendants were young young children from 19 to 23 years of age who were committed the crime and committed a mistake in depth, and Defendant A, C, and D did not have any history of criminal punishment, and Defendant E did not have any criminal record except for those subject to a fine twice as they committed the crime, Defendant E was only one time to commit the crime, and Defendant E was merely taking the scene of the crime into a cell phone, and the degree of participation is relatively minor; all the Defendants agreed with the victims and victims that they did not want to be punished against the Defendants, and there are circumstances to be considered in light of the circumstances.

However, the crime of injury by robbery of this case was committed by the Defendants in collusion with L, B, and D, who are minors, induced victims of sexual traffic, and took money and valuables by force without any discrimination, and the nature of the crime was very poor. In the case of the victims S, the victims S suffered serious injury, such as cage cage cages, which require multiple treatment for about 6 weeks. Defendant D additionally committed the crime of threatening victims V with a cage cage at the minor cost and causing injuries to a crupted glass disease. Defendant A, B, C, and D went back to the crime without any reflection even though they were placed prior to the juvenile protective disposition or the suspension of indictment. Among them, Defendant B had been subject to the suspension of execution, which is highly likely to be subject to criticism. The punishment imposed by the lower court on the Defendants is lower than the lower limit of the punishment imposed according to the sentencing guidelines, and all other Defendants’ character and conduct, social relation, social relation, motive, motive and method of the crime, various circumstances, etc.

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