beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. One-year imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.
2. The instant crime committed by the Defendant, along with his accomplice, had induced the victim to compensate for damages, forced the victim to write a written agreement, and threatened with knife, etc. In addition, the method of the instant crime is not only poor, and is planned and organized by a large number of persons, and the Defendant committed the instant crime again during the period of repeated crime by a criminal record of special larceny, etc. as indicated in the judgment of the court below, and the degree of his participation is somewhat weak.
There are various circumstances that cannot be seen that the nature of the crime of this case and the possibility of criticism can not be denied, such as the fact that the defendant has been sentenced to four times of punishment for the crime such as robbery, theft, etc.
However, the defendant took the attitude of recognizing and opposing the defendant's mistake, and the defendant took charge of the important part of the crime of this case, such as threatening the victim with a knife and assault, but this is due to the fact that the defendant who participated in the crime of this case according to the plan of D, which received the owner of C and H, shared the above role as above, the above knife D was prepared, the defendant did not agree with the victim, but the victim stated at an investigative agency that the victim would want to take the preference for the rest of the defendant, including the other defendants except C and H, and all other accomplices, such as C and D, with respect to the crime of this case, shall be considered as a normal situation favorable to the defendant.
When considering the above circumstances and other circumstances such as the defendant's age, sexual conduct, motive, and circumstances after the crime, the punishment sentenced by the court below is too heavy.
The decision is judged.
3. In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is made in accordance with Article 364 (6) of the Criminal Procedure Act.