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(영문) 광주고등법원 (전주) 2019.06.04 2019노9

강도상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years and six months.

-the applicant for compensation.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (long-term three years and six months of imprisonment, and short-term three years) is too unreasonable.

Judgment

The crime of this case is very bad that the defendant jointly or solely committed robbery, injury, assault, damage to property, damage to the Internet, fraud of used goods on the Internet, taking-out style, unfolding car, and gambling, the defendant committed robbery against the disabled persons of Grade II who are vulnerable to the crime; the defendant committed robbery against the disabled persons of the intellectual disability II who are vulnerable to the crime; the defendant committed violence against the dynamics or school ships without any particular reason; the defendant, who was a minor, inflicted an injury on a restaurant operator who was under the influence of alcohol while drinking, and damaged property in the restaurant; the amount of damage caused by the fraud of goods on the Internet; the amount of damage caused by the fraud of goods on the Internet; the amount of damage caused to the victim of the crime; the amount of damage caused to the victim of the crime by the defendant; and the fact that the defendant did not agree with the victims; and most victims were punished for the defendant.

On the other hand, the defendant has no record of criminal punishment as a minor, the defendant recognized his mistake and reflects his depth, the defendant's infinite growth environment seems to have caused each of the crimes of this case, the degree of injury of the victim who suffered the injury is not excessive, the value of the taken-off and damaged articles is not a large amount. Co-defendant B has been funded with living expenses and gambling funds by means of the Internet used goods fraud since around October 2017. Since the defendant living together with B and B around March 2018, he was involved in the act of fraud of used goods on the Internet and was involved in the act of fraud of used goods on the Internet, and the amount of money acquired by the defendant alone by committing the act of fraud of goods on the Internet is about 1.4 million won, and about 7 million won with money used for gambling funds.