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(영문) 부산고등법원 (창원) 2020.03.25 2019노273
특수강도
Text

All the judgment below against the Defendants is reversed.

Defendant

A Imprisonment for three years, and Defendant B for two years.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the punishments (such as Defendant A and Defendant B’s imprisonment with prison labor for three years, etc.) declared by the lower court to the Defendants is too unreasonable.

2. Each of the instant crimes committed by the Defendants on the grounds of appeal are disadvantageous to the Defendants, by taking advantage of the circumstance that it is difficult for the victims to report damage to foreign women engaged in sexual traffic business under a joint pre-crupted plan by the Defendants, in light of the method and content of the crime, the frequency of the crime, the result, etc., the victims are likely to have suffered considerable mental and physical shock due to each of the instant crimes, and the Defendant A appears to have led to each of the instant crimes, such as proposing the Defendant B to commit the instant special robbery, based on the experience in the business of arranging sexual traffic.

On the other hand, the Defendants recognized each of the crimes of this case, and since they were detained on May 29, 2019, Defendant A, Defendant B was under detention for a long time since they had been detained on May 30, 2019, and submitted a large number of rebuttals so far, etc., and the Defendants agreed that the victims do not want to be punished (the defendants agreed with four at the court below among the six victims, and two remaining victims at the court below) and that the victims did not want to be punished (the defendants agreed with the four at the court below among the total victims, and the two at the court below). In order to prevent robbery, the defendants did not use any other type of intimidation or force, and Defendant B was under initial criminal punishment, and Defendant B was not subject to a fine once as a violation of the Reserve Forces Act prior to this case, and Defendant B did not have any other criminal record.

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