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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court’s sentence against Defendant A (two years and six months, etc.) is too unreasonable.
B. The lower court’s sentence against the Defendant B of the Prosecutor (one year of suspended sentence in two years and six months, etc.) is too unhued and unreasonable.
2. Determination
A. As to Defendant A’s assertion, the following facts are favorable to the Defendant: (a) the Defendant made a confession of all of the instant crimes; (b) the degree of property damage caused by the instant special robbery is not much serious; and (c) the benefits gained by the Defendant in relation to the instant crime of fraud are not large; (d) G, an accomplice, deposited the principal of damage; and (e) there is no criminal conviction exceeding a fine.
However, the defendant suggested the special robbery of this case to B, who is an accomplice, and takes charge of taking property by exercising the force of force against the victim. The special robbery of this case is a crime of which the statutory penalty is imprisonment with prison labor for life or for not less than five years, and the court below decided to reduce the amount of imprisonment with prison labor among the statutory penalty, and sentenced to the maximum punishment under the law, after which the court below reduced the amount of imprisonment with prison labor. The amount of damage caused by the fraud of this case is not much than 65 million won, and there is no effort for the victim to recover damage, and the defendant did not make any effort to recover damage, and other factors such as the defendant's age, sex, environment, motive and circumstance of each crime of this case, the method and method of the crime, the circumstances after the crime, and the sentencing guidelines determined by the Sentencing Committee, etc., the court below's sentence against the defendant is too excessive.
B. As seen above, the crime of special robbery in this case is a crime with heavy statutory penalty, as seen by the prosecutor’s assertion.