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(영문) 광주고등법원 (전주) 2014.12.09 2014노242

강도상해등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part on Defendant case - The lower court’s imprisonment with labor for an unreasonable sentencing (seven years of imprisonment, confiscation) is too unreasonable.

B. Part on the case of the attachment order - The improper court below ordered the defendant and the person to whom the attachment order was requested (hereinafter “defendant”) to attach the electronic tracking device for 10 years. The attachment period is too excessive and unfair.

2. Determination

A. The circumstances such as the Defendant’s confession of all of the crimes of this case and the fact that the Defendant recognized his mistake, the Defendant’s strong withdrawal of the victim’s property, and the Defendant’s poor growth environment, etc. are considered as favorable to the Defendant.

On the other hand, each of the crimes of this case has been punished several times due to the violation of the Punishment of Violences, etc. Act, the Road Traffic Act (unlicensed Driving), the punishment of sexual crimes, and the violation of the Act on the Punishment of Victims, etc., and the Protection of Victims (special robbery, etc.). In particular, on October 19, 207, the Seoul Central District Court sentenced the defendant to six years of imprisonment with prison labor on September 26, 2013, and sentenced the victim to the force of withdrawal of the property by carrying a deadly weapon, and driving a motor vehicle without obtaining a driver's license for three times, and the nature of each of the crimes of this case, including the robbery of specific violent crimes of this case, which were committed at the point of time of termination of the execution of the sentence on September 26, 2013, and at the point of time of termination of ten months, and there is no physical injury or mental injury of the victim.