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(영문) 서울고등법원 2018.10.25 2018노1884

강도상해등

Text

The defendant's appeal is dismissed.

Reasons

The summary of the reasons for appeal: The punishment sentenced by the court below (the maximum of three years of imprisonment and the short of two years of imprisonment) is too unreasonable.

The value of cash and property acquired by the defendant due to the crime of robbery in this case, which is judged on the grounds of appeal, is not much high, and the defendant acquired a student certificate lost by the injured person and used only for purchasing tobacco by deceiving the age, and the damage caused by the crime of embezzlement of stolen property is also minor.

The defendant experienced parents' divorce at their age, was not sufficiently cared by family's care, and it seems that the defendant did not have an opportunity to learn rules and morality that should be understood as a member of society, to leave middle schools, repeat their departure from middle schools, and acquire them as a member of society.

The defendant is still juvenile, and family members, including his father, have the best effort to lead the defendant.

Defendant

In addition, all of the crimes of this case are recognized and reflected, and the past that has been imprudently living with the mind that family members are hicking, is able to repent and live in good faith.

This is the circumstances favorable to the defendant.

However, the crime of robbery in this case is a serious case where the defendant committed the bodily injury of the victim, resulting in a serious threat to the life and body of the victim, with a knife and knife, and with a knife and fruit, and the victim suffered the bodily injury, and the case is deemed to have been taken by force, and the defendant is also very serious to commit the crime by putting the victim in a situation where it has already become impossible to resist.

The Defendant had access to the victim for the purpose of taking cash from the beginning, bound the loss of the victim who is faced with knife in excess, and has a cellular phone of the victim with cash, making it difficult for the victim to request assistance or to report it thereafter, and do not have any way to commit crimes.

The injury to the robbery of this case is recovered.