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(영문) 부산고등법원 2016.04.07 2015노806
강도치상등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

, however, the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (Defendant A: 2 years of imprisonment, etc.; Defendant B: fine of KRW 10 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below to Defendant A is too unhued and unreasonable.

2. Determination

A. The crime of injury resulting from robbery, special robbery, or robbery committed by Defendant A in the judgment of the court below committed by Defendant A during seven days, is committed against female sex traffickings by taking cash and cell phones, etc., or by taking lectures, taking advantage of the circumstances as stated in the judgment of the court below, and using a deadly weapon prepared in advance for some victims during the process. The victim's identification card was taken in a cell phone camera and issued a warning of retaliation to the ex post facto retaliation, and the nature of the crime is somewhat weak in light of the circumstances and contents of the crime, means, methods, and consequence, etc.

(2) The victims shall not have any mental impulse, and the victims shall not have any mental impulse.

However, after committing each of the crimes in the judgment below, Defendant A voluntarily appeared at the police station and voluntarily surrenders to the police station, and the judgment of the court below and the trial of the party concerned all of the above crimes, and against his mistake.

When comprehensively considering the following facts: (a) the statement made by the court below; (b) the degree of injury suffered by the victim I of the bodily injury resulting from robbery as indicated in the judgment below; (c) the victim I, N, Q et al. applied to the defendant in consultation with the victim I, N, and Q at the court below; and (d) the victim W deposited a certain amount for the victim in the first instance; (c) the defendant A was relatively young in the age of 30; (d) there was no criminal history; (e) the defendant's family members are leading the defendant; and (e) other various sentencing conditions revealed in the process of the court below and the trial at the court below, the sentence imposed by the court below to A is somewhat heavy.

The decision is judged.

Therefore, Defendant A’s assertion is reasonable and reasonable.

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