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(영문) 서울고등법원 2017.12.15 2017노2666
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental or physical weakness suffers from emulhion, etc. in the depression of average emulhion. At the time of each of the instant crimes, the Defendant was in a state of mental or physical weakness by drinking.

B. The punishment sentenced by the lower court (10 years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by this court as to the assertion of mental and physical weakness were found to have been vulnerable to the crime, namely, ① the victims were women who were missing alone at the night of the instant case at the time and were living alone at a rare place. At the time, the Defendant appears to have been fully aware that he could readily block the above victims from committing the crime. ② The Defendant sent the victims to the cell phone for the purpose of forcibly taking advantage of the cell phone, and threatened the victims with “breathing from his hand” or “debrising from his hand.” In light of the fact that the victims were aware of their resistance between the victims, and that the Criminal Procedure Act was relatively planned and sealed.

(3) The Defendant was approaching the victims with the intention of finding and taking a mobile phone, which is a product that can be traded at a considerable level with the victims, as well as approaching the victims, and the Defendant also set up a cell phone of the victims immediately after each of the crimes in this case.

“The 53th day of the evidence record). The first crime committed against the victim C, failure to take the cell phone of the above victim, and then coloring another victim’s cell phone after 40 minutes, and the victim took the victim’s cell phone after 40 minutes. In light of the fact that the motive or purpose of the defendant’s crime seems to have been very obvious, the defendant was brupted to the depression of evidence.

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