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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2016.08.25 2016노1693
특수강도등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The lower court’s sentencing against the Defendants on the gist of the grounds of appeal is too unreasonable.

2. Determination

A. Defendant A’s mistake is divided, and Defendant A’s agreement is recognized with the victim D, G, and K.

However, even though Defendant A had been punished several times by theft of property in collaboration with Defendant B, he again committed the instant crime with Defendant B, and repeatedly committed the instant crime in combination with Defendant B. The instant crime was committed by Defendant A with a deadly weapon in combination with Defendant B, and the crime was committed by taking the victim G, H, and K’s property forcibly in concert with Defendant B, and the nature of the crime is not good. In addition, considering the conditions of sentencing specified in the instant argument, such as Defendant A’s age, sexual behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentence against Defendant A is too unreasonable, and thus, Defendant A’s aforementioned assertion is not reasonable.

B. Defendant B’s mistake is divided, and Defendant B reached an agreement with the victim D, G, and K, etc.

However, even though Defendant B had been punished several times due to the theft of property in collaboration with Defendant A, the crime of this case was committed repeatedly in collaboration with Defendant A again during the repeated crime period. The crime of this case was committed in advance by Defendant B prepared to keep a deadly weapon together with Defendant A, and the crime of this case was committed by taking the victim G, H, and K’s property forcibly in concert with Defendant A, and the nature of the crime is not good. In addition, taking into account the following factors: Defendant B’s age, sexual behavior and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the lower court against Defendant B is too unreasonable.

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