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(영문) 서울고등법원 2010.12.03 2010노2789

강도상해 등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (five years of imprisonment with prison labor for the crime of robbery, injury by robbery and special robbery and five years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) imposed by the lower court is too unreasonable.

2. It is recognized that the defendant's judgment on the grounds for appeal of this case recognized all the crimes of this case, and divided the errors, and there are family members to support the defendant.

① However, the crime of robbery, injury, and special robbery of this case committed by the Defendant in collaboration with his accomplices over five times, and committed an injury to the victim in his house or gold with a deadly weapon, by forceing the victims, and by threatening them to commit the crime, which is very significant and criminal, and the amount of damage is more than 60 million won, and there is no change in damage up to now. The court below held that, considering the equity between the case where the Defendant was punished for the crime of robbery and the case where the Defendant was punished at the same time as the previous crime of robbery, the statutory punishment was reduced, as well as the case where the Defendant was sentenced to punishment for the crime of robbery (five to fourteen years of imprisonment) according to the sentencing guidelines. ② Meanwhile, the Defendant had the history of punishment for the crime of habitual larceny on several occasions, and the Defendant had been sentenced to six years of imprisonment with prison labor for special robbery in 204, and even after release from prison, the Defendant committed the larceny of this case from the time of the crime of larceny and repeatedly committed the crime of larceny and the entrance of this case.