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(영문) 서울고등법원 2014.05.08 2014노761
특수강도등
Text

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

Reasons

1. The main point of the appeal is that the prosecutor asserts that the defendant's punishment (the defendant A: 3 years of imprisonment; the defendant B; 2 years and 6 months of imprisonment) of the court below is too harsh, on the ground that the defendants are too harsh.

2. We also examine the grounds for appeal by the Defendants and the Prosecutor.

In this court, the Defendants divided their mistakes in depth, agreed with the victims of the crime of special robbery and the crime of violation of the Punishment of Violences, etc. Act, Defendant A made efforts to recover damage by entering into an agreement with the victims of the crime of assault and the crime of damage to property, or deposit money with the victims of the crime of damage to property, and the Defendants’ family members want to take the measures of the Defendants who are the most families of the Defendants, are favorable terms for sentencing.

Meanwhile, the part regarding the violation of the Act on Special Robbery and Punishment of Violences, etc. among the crimes of this case is extremely poor since the victim took a vehicle, etc. by carrying a deadly weapon and detained the victim on the ridge. Defendant A proposed the crime with a motive that makes it difficult to obtain, and Defendant B prepared for a deadly weapon by accepting it, and Defendant A was in need of a strict punishment. Defendant A was sentenced to a suspended sentence of three years on August 26, 2010 for a crime of violating the Punishment of Violence, etc. Act (a collective weapon, etc.) on August 18, 2010 and sentenced to a suspended sentence of three years on August 26, 201; Defendant B was sentenced to a suspended sentence of two years on July 26, 201 for fraud and habitual gambling, and the judgment became final and conclusive on December 17, 2011, and each of which period of suspended execution has expired, and thus, the crime of this case was disadvantageous to the Defendants.

In full view of such factors as the sentencing conditions and the Defendant’s age, character and conduct, intelligence and environment, and circumstances after the commission of the crime, the lower court’s punishment is deemed to be too heavy or unreasonable.

. Defendants and the Defendants

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