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(영문) 대구고등법원 2015.07.23 2014노697
특수강도등
Text

1. Of the judgment of the court of first instance, the part against Defendant B and AF among the judgment of the court of second instance, and the judgment of the court of third instance.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1’s imprisonment (four years of imprisonment) and Defendant A 4’s imprisonment (one year of imprisonment) are too unreasonable.

B. Defendant B’s imprisonment (two years and six months of imprisonment), the second sentence (eight months of imprisonment) of the lower court, and the third sentence (four months of imprisonment) of the lower court is too unreasonable.

C. Defendant AF Article 2 of the lower court’s imprisonment (eight months of imprisonment) is too unreasonable.

The prosecutor’s first instance court’s sentence (four years of imprisonment) sentenced to Defendant A and the second instance court’s sentence (4 million won of fine) sentenced to Defendant BT is deemed to be too uneased and unreasonable.

2. Ex officio determination

A. Consolidated Proceedings (A and B) with respect to Defendant A, the judgment of the court below is pronounced, and Defendant A filed an appeal against the guilty part of the judgment of the court of first instance and the judgment of the court of fourth, and the prosecutor filed an appeal against Defendant B as to the guilty part of the judgment of the court of first instance. Defendant B was sentenced to the judgment of the court of first instance, and Defendant B filed an appeal against each of the above judgment of the court of first instance. The court of first instance decided to consolidate each of the above appeal cases. The above judgment of the court of first instance with respect to Defendant A and B is concurrent crimes under the former part of Article 37 of the Criminal Act. Since each of the above offenses against Defendant A and B are concurrent crimes under Article 38(1) of the Criminal Act, the guilty part of the judgment of the court of first instance, Articles 2 and 3, and the part against Defendant B cannot be maintained.

B. Of the judgment of the court below of first instance, the summary of the facts charged against Defendant A was arrested on May 8, 2014 with the robbery reserve, special robbery, and special larceny together with B, C, D, and E, and detained on May 10, 2014 at the cell of the Kimcheon Police Station located in Kimcheon-dong 24-19, Kimcheon-dong, Kimcheon-si.

In fact, even if the Defendant, as seen above, did so with B, C, D, and E, got away from the seller of the large-scale car and went to Busan, B, C, D, and E are true to the investigation agency.

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