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The judgment below
Part concerning Defendant A and B shall be reversed.
Defendant
A and B shall be punished by imprisonment for two years and six months.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (three years of imprisonment for each of the defendants A and B, two years and six months of imprisonment for each of the defendant C, and four years of suspended execution) declared by the lower court against the defendants is too unfasible and unreasonable.
B. The punishment sentenced by the lower court against Defendant A and B is too unreasonable.
2. Determination as to the assertion of Defendant A, B, and Prosecutor
A. As to Defendant A and B, the above Defendants assaulted the victim with Defendant C, I, etc., detained the victim with her strings by force with strings and tapes, etc., and then withdrawn money from the cash payment period or remitted money to the account.
The victim seems to have suffered a huge mental suffering due to the crime of this case.
Defendant
A was led to the instant crime, and Defendant B took the face of the victim by drinking, etc. is very important to participate in the instant crime.
The above Defendants acquired KRW 5 million each of the crimes of this case.
Defendant
A has been sentenced to imprisonment with prison labor for the same crime, and Defendant B has committed each of the crimes in this case even though it is under the suspension of imprisonment with prison labor due to violent crime.
However, the above Defendants recognized all of each of the crimes of this case, and are in profoundly against their mistakes, and deposited KRW 5 million for the victim in the first instance.
It seems that the above Defendants were not involved in the robbery from the beginning.
In addition, in full view of the above defendants' age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the punishment sentenced by the court below against the above defendants is somewhat inappropriate.
Therefore, this part of the Defendants’ assertion is with merit.
B. The part against Defendant C is as follows.