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(영문) 서울고등법원 2020.05.27 2020노226
강도상해등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of three years and a short of two years and six months) of the lower court against the Defendant is unreasonable.

2. Ex officio determination is AA student.

At the time of sentencing the lower judgment, the Defendant was sentenced to an irregular term on the ground of “juvenile” as provided in Article 2 of the Juvenile Act, but the lower court did not constitute a juvenile under the age of 19 more than in the trial.

Therefore, the part of the judgment of the court below that sentenced a statutory mitigation and an illegal sentence on the ground that the juvenile is a juvenile cannot be maintained.

3. Accordingly, the part of the judgment of the court below regarding the defendant is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment of the court below against the defendant is determined as follows through pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below against the defendant, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2(2)3 of the same Act, Article 350(1) of the Criminal Act, Article 337 of the Criminal Act, Article 30 of the Criminal Act, Article 6 and Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (the point of joint conflict, the choice of imprisonment), Article 30 of the Criminal Act, Article 6 and Article 2(2)3 of the Punishment of Violences, etc. Act, Article

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (the grounds for sentencing) of the Criminal Act for mitigation of small amount;

1. As to the Defendant who is banned from disadvantageous alteration, the statutory penalty shall be chosen in the crime of robbery and injury.

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