A case where there is an error of law which sentenced a statutory penalty or lower without discretionary mitigation;

Despite the maximum of the statutory penalty of robbery injury is seven years of imprisonment, there is an error of law that sentenced a short-term 5 years of imprisonment and a long-term 7 years of imprisonment with prison labor without clarifying the reasons for mitigation, etc.

Article 53 of the Criminal Act

Defendant

Prosecutor

Busan District Court Masan Branch Court (75 Mahap138)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a short term of five years and seven years.

One hundred-five days of detention days prior to the pronouncement of the original judgment shall be included in the above sentence.

The defendant shall forfeit, from the defendant, one string, one thring, two ionphs, two ionphs, two ionphs (small) and one half strings, one half-ware, and one strings (Evidence Nos. 1 through 7) of seized vinyl.

The reason for appeal by the prosecutor is that the original form of the original judgment is too uneasible in light of the law applicable to the crime of this case and the nature of the crime is bad. Thus, the original judgment should not be reversed in this point because it is not necessary to determine the reason for appeal by the prosecutor because it constitutes a violation of the law, and it is not necessary to determine the reason for appeal by the prosecutor. The original judgment should not be reversed in this point because it is not necessary to determine the reason for appeal by the prosecutor.

Criminal facts and summary of evidence admitted by a member of the court below are the same as that of the court below, and they are cited as they are.

Article 319(1) of the Criminal Act provides that each of the special robbery committed by the defendant shall be counted in the scope of imprisonment with prison labor for each of the prescribed types, and Article 337 and Article 30 of the Criminal Act shall be counted in the term of imprisonment with prison labor for the crime of intrusion upon residence, and Article 35 of the Criminal Act for the crime of robbery shall be counted in the term of imprisonment with prison labor for each of the prescribed types, and Article 37 and Article 30 of the Criminal Act shall be counted in the term of imprisonment with prison labor for the crime of robbery, and Article 35 of the Criminal Act for the defendant who has committed a repeated offense, each of the special robbery and the crime of injury by robbery shall be counted in the term of imprisonment with prison labor for each of the prescribed periods, and Article 38(1)2 and Article 50 of the Criminal Act shall be included in the term of imprisonment with prison labor for each of the prescribed periods, and Article 52 of the Juvenile Act shall be included in the term of imprisonment with prison labor for the term of imprisonment with prison labor for the above three years.

It is so decided as per Disposition.

Judges fixed right (Presiding Judge) Kim Jong-chul Kim Hun