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(영문) 부산고등법원 (창원) 2016.01.06 2015노349
특수강도
Text

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

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) Mental and physical disorder was in a state of mental disorder under the influence of alcohol at the time of each crime in the judgment below.

2) The sentence sentenced by the lower court to the Defendants (Defendant A: 4 years of imprisonment and confiscation, Defendant B: imprisonment with prison labor) is too unreasonable.

B. The sentence sentenced by the court below to the Defendants is too uneasible and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendants' mental and physical disorder, although the defendants had drinking at the time of committing the crime as stated in paragraph (1) of the crime in the judgment below, in light of the horses and actions of the defendants at the time of each crime of this case including the above crime, the circumstances leading to the crime, the means and methods of the crime, and the circumstances after the crime, etc., the defendants had no or weak ability to discern things or make decisions due to drinking at the time of each crime of this case.

It does not appear.

Therefore, the Defendants’ assertion in this part is without merit.

B. As to the defendants and prosecutor's wrongful assertion of sentencing, the crime of this case, which is recognized by evidence, evidence law and legal principles, is committed jointly by the defendants, taking advantage of each item, etc., and separately Defendant A took property by threatening employees of the convenience store. Defendant B obtained and used another person's credit card, used it in gambling, and used violence in the gambling board, and the nature of the crime is not good. Defendant A was arrested for special robbery as stated in paragraph (1) of the crime of this case in the judgment of the court below, and was arrested for a special robbery as stated in paragraph (3) of the judgment. Defendant B was arrested for a special robbery as stated in paragraph (3) of the judgment of the court below. Defendant B was punished for several times prior to the crime of this case; Defendant B was not agreed on other than the victim as stated in paragraph (3) of the judgment.

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