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(영문) 서울고등법원 2013.06.20 2013노1506
강도상해등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for five years and for four years, respectively.

knife.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (six years of imprisonment with prison labor for Defendants A and five years of imprisonment with prison labor for Defendants B) is too unreasonable.

B. The Prosecutor’s sentence sentenced to the Defendants (six years of imprisonment with prison labor for Defendant A, and five years of imprisonment with prison labor for Defendant B) is deemed to be too uneasible and unfair.

2. The principal crime of this case is a crime committed against female drivers with weak defense capability who prepared and prepared the criminal implements, including knife, and committed plannedly after the Defendants got the victim's strong taking of the articles from the victim, and further withdrawn the money by finding out the secret number of the cash card taken by the victim and going to the victim for a considerable time, and causing bodily injury to the victim. In particular, the crime of this case is an unfavorable element of sentencing against the Defendants, such as the following: (a) Defendant A planned to prepare a mutual agreement with the victim during the trial for other crimes at the time of the crime; (b) Defendant B was committed in concert with the victim; (c) the motive for the crime was not good; (d) the victim was a big mental point to the extent that the victim needs to receive mental treatment; and (d) the Defendants had been punished several times for the crime of larceny, fraud, and fraud; and (e) the Defendants committed the crime before one year after the execution of the previous punishment was completed.

However, it is necessary to consider equity with the case of Defendant A simultaneously with the case of judgment on the Act on the Aggravated Punishment, etc. of Specific Crimes, which has become final and conclusive in the case of Defendant B, that the Defendants were involved in the crime in the proposal of Defendant B, and people’s families and neighbors.

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