The number of crimes of robbery and injury;

In the course of robbery, if the victim's ship is covered by robbery, and if the victim's wife is right shouldered at the place, two robbery injury crimes are established according to the number of victims.

Articles 337 and 37 of the Criminal Act

Supreme Court Decision 69Do2062 Decided December 30, 1969 (No. 989, Supreme Court Decision 17No. 56, Supreme Court Decision 17No. 56, Supreme Court Decision 37(15)1249)

Defendant

Defendant

Yeongdeungpo-gu Seoul District Court Decision 74Gohap58 decided January 1, 198

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.

The sixty days of detention days prior to the pronouncement of the judgment below shall be included in the above sentence.

The excessive one (No. 1) seized shall be forfeited from the accused.

The summary of the grounds for appeal by the defendant is that the determination of the sentence imposed by the court below against the defendant is too unreasonable.

Examining the following factors in detail: (a) the motive, means, and consequence of the instant crime; (b) degree of damage; (c) the age, character and conduct, intelligence and environment of the Defendant; (d) relationship with the victim; and (e) circumstances after the crime, etc., the determination of the sentence imposed by the lower court against the Defendant is inappropriate and too unreasonable even if considering the circumstances alleged by the Defendant, and thus, it is apparent that the grounds for appeal by the Defendant cannot be accepted.

The following facts are examined ex officio. The judgment of the court below acknowledged the following facts based on legitimate evidence, as the defendant's criminal facts, that the defendant saw the victim's non-indicted 1's ship as one time in the course of the robbery, and then, the same person's wife non-indicted 2's right shoulder at the same place one time, and the same person gets out of it once, and Non-indicted 1's dogper, etc., which require a cover of one-month hospitalization and a cover of one-month hospitalization, and Non-indicted 2's chest and chest with a cover of three to four weeks of hospitalization. Thus, the court below should have reversed the judgment of the court below because the judgment below did not affect the conclusion of the judgment, since the defendant's crime of injury by robbery in this case has two robbery depending on the number of the victims, and it is clear that the two crimes are in substantive concurrent crimes. Thus, the judgment below did not affect the conclusion of the judgment of the judgment below, despite Article 37 and 38 of the Criminal Act.

Therefore, the judgment of the court below shall be reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the members shall be decided again after pleading.

The substance of the facts charged by a member against the defendant and the summary of the evidence are as shown in each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

The so-called "the judgment of the defendant," in the law, falls under Articles 37 and 33 of the Criminal Act, and the above two crimes are concurrent crimes under Article 37 of the same Act. Since the above two crimes are concurrent crimes under Articles 38 (1) 2 and 50 of the same Act, the punishment provided for in the crime of robbery and Injury to the victim non-indicted 1, the court below's seriousness under Article 38 (1) 2 and Article 50 of the same Act, and the defendant is the initial offender, and the defendant has yet to be aged, and there is a reason to take into account the above circumstances such as the fact that his negligence has been divided after the crime was committed, it shall be mitigated pursuant to Articles 53 and 55 (1) 3 of the same Act, and the defendant is a juvenile under Article 2 of the Juvenile Act, so the defendant is sentenced to imprisonment with prison labor for a short term of five years and seven years, and the above two crimes are subject to concurrent crimes under Article 54 of the same Act.

It is so decided as per Disposition for the above reasons.

Judges Jeon Soo-soo (Presiding Judge)