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(영문) 서울고등법원 2013.10.31 2013노2553

특수강도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (nine years of imprisonment) is too unreasonable.

2. The sentencing conditions favorable to the Defendant are the following: (a) the Defendant’s mistake is against the Defendant; (b) the Defendant has yet to reach a relatively old age; and (c) the Defendant has failed to undergo adequate protection and supervision in the poor home environment; and (d) the first time to commit various crimes; and (b) the fact that some of the damaged items have been returned to the victim, etc.

On the other hand, the crime of this case committed by the defendant independently intrudes upon his residence, forcibly takes property by threatening victims with a knife or drinking, and forcibly taking property and inflicting bodily injury on some victims during the course of committing the crime. It is very poor that the defendant takes part in his role in inducing runaway juveniles to commit the crime. The defendant planned and carried out the crime closely, such as removing fingerprints after committing the crime. The defendant took a leading role in managing forcibly money and valuables; the defendant was sentenced to imprisonment with prison labor for a maximum of three years at the Chuncheon District Court on November 13, 2009 and sentenced on two years on parole on November 30, 201, and repeatedly sentenced to imprisonment with prison labor for the remaining period on April 9, 201; the remaining period of imprisonment with prison labor for the crime of this case after being released from the Seoul Central District Court on August 31, 2012, and completed the sentencing guidelines for the crime of this case by taking into account the following circumstances: the defendant's remaining period of imprisonment with prison labor for more than 20 years.