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(영문) 대구고등법원 2014.01.09 2013노485
특수강도등
Text

The judgment of the court below (excluding the part concerning an application for compensation) shall be reversed.

Defendants shall be punished by imprisonment for not less than two years and six months.

(b).

Reasons

1. The main point of the grounds for appeal is that each sentence of the court below against the Defendants (two years and six months of imprisonment each) is too unreasonable.

2. The judgment of the defendant A is a fraud by using computers, etc., and the defendant B has the record of receiving juvenile protective disposition as an attempted larceny.

The crime of this case was committed by the Defendants after soliciting the victims to engage in sexual traffic, and it was very heavy to commit the crime, and it was committed 5-6 times in total, including the 5-6 poppy and the frequency of the steel taking and taking by force. There are many kinds of rainfalls.

The Defendants did not agree with the victims of the crime committed by force, and they did not agree with some victims of the crime committed by Defendant B, or did not recover from the damage.

These circumstances are disadvantageous to the Defendants.

On the other hand, the Defendants did not have any criminal conviction.

The Defendants are fully aware of the instant crime and are against their mistake.

Defendants are ageed as 19 years of age.

Of the victims of the forceful criminal conduct, the J and N agreed with the victim, and the victim V wanted to have the preference against the defendant B, and agreed with some victims of the defendant B, or paid the amount of the damage, thereby recovering the damage.

Defendant

In the case of A, it is clear that the Ministry of Fire and Safety of the AT University is in school, and the parents of the Defendants want to take the cable of the Defendants.

These circumstances are favorable to the Defendants.

In addition to this point, in full view of the various circumstances that are conditions for sentencing, such as the Defendants’ age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the fact that E, F and G are sent to the Juvenile Department of the Daegu Family Court, which are accomplices, it is recognized that the lower court’s punishment imposed on the Defendants is too unreasonable.

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