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(영문) 서울고등법원 2020.04.02 2019노2583
강도상해등
Text

All appeals by the Defendants and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court (one year of imprisonment) of Defendant A (unfair punishment) is too unreasonable.

B. The imprisonment (eight months of imprisonment) imposed by the first instance court on Defendant B (unfair imprisonment) is too unreasonable.

C. Defendant M1) The Defendant was suffering from her on-site illness at the time of committing the first instance judgment, and there was a state of mental disability. 2) The sentence sentenced by the first instance court of unfair sentencing (eight months of imprisonment) is too unreasonable.

Each punishment (the above punishment of the court below and the fine of 3 million won against Defendant M) that the court below sentenced to Defendants 1 and 2 (the above punishment of the court below and the fine of 1 million won against Defendant M) are too uneased and unfair.

2. Determination:

A. Of the judgment of the court of first instance, the first instance court against Defendant A and B committed the instant crime: (a) the Defendants jointly with each other and jointly committed the instant crime with each other and committed the instant crime during a repeated crime period of which one month has not yet passed since there is a high possibility of criticism against the Defendants, and high possibility of recidivism, and thus, it is inevitable to punish the Defendants unfavorably, taking into account the circumstances into account: (b) the Defendants are planned and interviewed by the Act on the Number of Crimes; and (c) the victims are unable to easily report the damage through the operation of illegal businesses; (d) the victims H and the victims were not recovered; and (e) Defendants A were unable to recover the damage suffered by the victims; and (e) Defendants B committed the instant crime during a repeated crime period of which the Defendants were released; and (e) the Defendants committed the instant crime during a repeated crime period of which the Defendants did not want to commit the instant crime; and (e) the Defendants are deemed to have a direct benefit to both the Defendants and the victims of the instant crime.

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