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(영문) 광주고등법원 2019.06.13 2018노488
강도상해등
Text

The judgment below

The parts against the Defendants are reversed.

Defendant

The punishment against A shall be six years, and shall be imposed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court against the Defendants (six years of imprisonment, four years of imprisonment, six years and six months of imprisonment, six years and six months of imprisonment, four years and six months of imprisonment, four years of imprisonment, and three years and six months of short term) is too unreasonable.

2. Ex officio determination

A. A. On May 30, 2018, the prosecutor, who was convicted of the Defendants, withdrawn KRW 410,000 in cash owned by the victim with AE bank body card in the name of the victim, which was demoted from AETM equipment around 13:30 on May 30, 2018, among the charges of “Violation of the Act on the Robbery, Injury, and Punishment of Violences, etc. (joint Confinement) against AB” in the case of “2018 Gohap45, which was found guilty of the Defendants.”

(1) Around 13:30 on May 30, 2018, the Defendant released KRW 4.10,000,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,00

B. Defendant E constitutes “juvenile” as provided in Article 2 of the Juvenile Act at the time of the pronouncement of the lower judgment, but became adult at this court.

Therefore, the part of the judgment of the court below that sentenced Defendant E to an illegal sentence on the ground that he is a juvenile under the Juvenile Act is no longer able to maintain.

3. The part of the judgment of the court below against the Defendants on the grounds of the above ex officio reversal is reversed, without examining the Defendants’ respective arguments on unfair sentencing, under Article 364 (2) of the Criminal Procedure Act.

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