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(영문) 서울고등법원 2017.09.12 2017노2117
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the grounds of appeal is unfair because the punishment (three years and six months of imprisonment) imposed on the defendant is too unreasonable.

Judgment

The fact that there is no history of punishment imposed on the defendant heavier than the fine, that the defendant commits the crime in this case while recognizing all of the crimes in this case, the fact that the victim of the robbery has received the return of KRW 45.7 million prior to the amount of damage, that the victim does not want the punishment of the defendant by agreement with the victim, and that the victim is in need of the support of the defendant, and that the defendant has the wife and children in need of support are favorable to the defendant.

On the other hand, the crime of this case was committed by the defendant with a large amount of debt due to gambling, and the defendant discovered a single female public intermediary private victim who is easy to commit the crime, and entices the victim to a empty house as if she leased studio, and then threatened the victim with knife by threatening the victim, bold the victim's hand over on the tape, and let the victim contact the knife with the knife, deposit a large amount of money to the account designated by the defendant, and deposit it with the money habitually, and the responsibility for the crime is very heavy.

The Defendant prepared the criminal tools, such as knife and make, tape, etc., had the victim deposit money with the Internet gambling site game money charging account used by the Defendant in order to follow the tracking of investigative agencies, and had the victim do so after committing the crime, and had his personal seal moved to a location where he had his body and concealed the criminal tools. It is more likely that the Defendant’s act may be subject to criticism in that he prepared and implemented the crime plan.

When the victim is threatened with knife with a knife for about 4 hours, she would feel severe fear, and due to this, she seems to have suffered severe physical and mental shock and suffering.

3.2

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