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(영문) 서울고등법원 2018.11.16 2018노2343
특수강도등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (short-term 2 years of imprisonment, short-term 1 year and 6 months) is too unreasonable.

2. The Defendant is the birth of the Z.

The judgment below

At the time of declaration, the sentence was pronounced on the ground of "Juvenile" as provided by Article 2 of the Juvenile Act, but it became no more than 19 years of age than in the first instance.

The judgment of the court below which sentenced a statutory mitigation on the ground that the juvenile is a juvenile and sentenced to an irregular sentence shall not be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts and evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. In the application for permission to change the indictment filed by the prosecutor on July 12, 2018, Article 334(2), Articles 334(1), 333 of the Criminal Act (joint robbery, choice of organic imprisonment), Articles 331(2), 331(1), and 329 of the Criminal Act are stated as “Articles 331(2), 331(1), and 330 of the Criminal Act” but in light of the name of the crime and the facts charged, it appears that the applicable law stated as “Articles 331(2), 331(1), and 329 of the Criminal Act”.

(Joint thief)

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with heavy special robbery (within the scope of adding up the long-term punishment of the above two crimes)];

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In this case, the statutory penalty against disadvantageous changes is imprisonment for more than five years, and the applicable sentence is imprisonment for more than two years and six months with prison labor for a minimum of two years and six months, with prison labor for mitigation of the amount of punishment.

However, in this case where only the defendant appealed, the court below's decision was made in accordance with the principle of prohibition of disadvantageous alteration.

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