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(영문) 부산고등법원 2019.05.09 2019노21
강도상해등
Text

The judgment below

Part concerning Defendant A and D shall be reversed, respectively.

Defendant

A Imprisonment for four years, and Defendant D.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the Defendants (the defendant A: 4 years and 6 months of imprisonment; the defendant B’s imprisonment with prison labor for a maximum of 4 years, 3 years and 150,000 won, 3 years and 6 months of imprisonment with prison labor for a maximum of 3 years and 6 months, 2 years and 6 months of a short

2. Determination on the grounds for appeal

A. Defendant A’s method of committing the instant crime is very planned and organized, the Defendant, together with C, participated in the robbery of the largest number of robbery with C, and the amount of demotion is the highest, and the Defendant D proposed and participated in the instant crime, and the Defendant committed the instant crime without being aware of the fact that he/she was on probation in accordance with juvenile protective disposition.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case from the investigative agency to the investigation, that the defendant agreed with R most serious injury to the victim during the trial, that some changes have occurred in sentencing conditions, such as additional agreement with H of the victim injured by robbery in the trial, and that the defendant was a juvenile under the Juvenile Act at the time of the crime of this case, and that there was no criminal conviction other than juvenile protective disposition, and that there was no criminal conviction for the crime of this case, the defendant's age, character and behavior, environment, family relationship, degree of participation in the crime, and circumstances after the crime, the punishment of imprisonment of four years and six months sentenced by the court below is inappropriate.

B. Defendant B consistently acknowledges all of the instant crimes from investigative agencies to this court, and consistently reflects his mistake, and the Defendant is a juvenile under the Juvenile Act, etc. favorable to the Defendant.

However, the method of the crime of this case is very planned and organized, and the defendant seems to have first proposed the robbery of this case, including the defendant.

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