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(영문) 서울고등법원 2012.08.30 2012노959
특수강도등
Text

All judgment of the court below shall be reversed.

Defendant

A and C shall be punished by imprisonment for four years and six months, and by imprisonment for three years, respectively.

Reasons

1. Summary of grounds for appeal;

A. In light of the Defendants’ circumstances, the sentence of the lower court (Defendant A and C: Imprisonment of three years and six months and imprisonment of one year and six months, Defendant B; imprisonment of two years and six months and one year and six months) is too unreasonable.

B. In light of the fact that the prosecutor’s punishment power and damage are not recovered, the punishment of the first instance judgment is too uneasible and unfair.

2. The court of first instance ex officio examined the defendants A and C's grounds for appeal prior to the judgment on the defendants' ex officio, the court of first instance sentenced them to the defendant A and C's imprisonment for three years and six months, the court of second instance sentenced the defendants to the defendant B's imprisonment for two years and six months, and the court of second instance sentenced the defendants to the defendants' imprisonment for one year and six months. The court of appeal filed an appeal by the defendants and the public prosecutor decided to jointly examine the appeal cases concerning each of the above cases.

Since the first and second judgments against the Defendants are in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one sentence shall be imposed within the scope of the term of punishment for concurrent crimes pursuant to Article 38(1) of the Criminal Act, and the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendants and the prosecutor's assertion of unfair sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendants recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

A. Articles 334(2) and (1), 333 (Special Robbery), 342, 331(2) and (1) of the Criminal Act of Defendant A, respectively, Article 331(2) and (1) of the Criminal Act, and Articles 3(1) and 2 of the Punishment of Violences, etc. Act.

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