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The part concerning Defendant A and B in the judgment of the first instance shall be reversed.
Defendant
A shall be sentenced to four years of imprisonment and a fine of one hundred thousand won;
Reasons
1. The sentence sentenced by the first instance court to the summary of the grounds for appeal (the imprisonment with prison labor for a maximum of four years and four years and six years, and the fine of one hundred thousand won, etc., Defendant B and C respectively, the imprisonment with prison labor for a maximum of four years and three years and six months, and three years and six months), is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds of appeal on the assertion of unfair sentencing by Defendant A and B against Defendant A and Defendant B, Defendant A and Defendant B were EY students. Defendant B, as EZ students, falls under the juvenile under Article 2 of the Juvenile Act at the time the judgment of the court of first instance was rendered, and each of them was sentenced to an unfair sentence. However, it is obvious that each of the 19 years of age was above 19 years in the trial, and it is no longer applicable to the juvenile under Article 2 of the Juvenile Act. As such, the part of Defendant A and B of the judgment of the court of first instance cannot be maintained any longer due to the above reasons.
B. As to Defendant C and D, the Defendants are against their own perception of the instant crime, and Defendant D agreed with the victim J and N solely. Defendant C still has been a juvenile, the Defendants are still subject to juvenile protective disposition several times, but have no record of criminal punishment.
However, Defendant D proposed the instant special robbery, and Defendant C took a knife with the knife at the time of the instant special robbery and took the knife at the time of the instant special robbery. The nature of the crime was planned and interviewed by the instant special robbery, and the Defendants subsequently stolen the vehicle of the victim J, and withdraw the money of the victim Nonghyup Bank using the body card of the victim J who taken the knife, the Defendants reported that the victim N is under the influence of alcohol, and led the victim N to restrain the robbery in the course of the robbery, and prevented the robbery. Defendant C, other than Defendant C, took property by assaulting the victim V and taking the property in the process.