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(영문) 광주고등법원 2016.11.17 2016노349
특수강도
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two years in prison) is too heavy or unreasonable.

2. The crime of this case was committed by the Defendants with gasoline, string, hearing tape, spawn, spawn, pipes, etc., and committed robbery at night by intrusion upon the victims’ residence, and thus, its nature is very poor.

After the Defendants collected the crime in advance and prepared various types of crimes, the Defendants committed the crime with intent to commit the crime, such as setting up goods used for the crime, and removing them from fire after the completion of the crime.

In addition, it seems that the victims suffered serious fear and mental impulse in the process of robbery into the residence of victims who live together with the family at deep night, combining the victims' losses and appearance, and then the robbery was committed in the state of snow, and the victims suffered severe fear and mental impulse.

However, after the Defendants voluntarily surrenders to the investigation agency to commit the crime of this case, they led to the confession of the crime of this case, submit several rebuttals, and repent their mistakes, and did not focus on the degree of force used for the victims, and the victims did not lead to the serious result of rush injury, etc. The victims agreed with the Defendants. The Defendants attempted not to cause physical damage, and the Defendants attempted to leave the Defendants, and there were no criminal records of the same kind, and the Defendants’ family members and their neighbors wanted to take the measures against the Defendants, and there seems to be relatively relatively public notice of the family-social relationship, such as the Defendants’ desire to take the measures against the Defendants, and the fact that the Defendants’ family members and their neighbors want to take care of their family members, etc. are favorable to the Defendants.

The aforementioned favorable or unfavorable circumstances and other various conditions of sentencing, including the Defendants’ age, character and conduct, the environment, the circumstances leading to each of the instant crimes, and the circumstances after the crime, shall be comprehensively considered.

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