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(영문) 서울고등법원 2013.06.20 2013노1290
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in both cases) of the lower court’s punishment (e.g., Nos. 1-A, 2, 3, and 4 as indicated in the Decision No. 2013, 2013, 1-C, 2, 3, and 4 as indicated in the Decision No. 1-C, 2013, 1-3 and 15, 4 as to each of the crimes listed in the Decision No. 2013, 2013, 15, 4 years of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant recognized all of the instant crimes and divided the mistake in depth, each robbery against the victim E was committed, and the victim E, G, and C was agreed with, and the victim C’s credit card was repaid to the new credit card company with a new amount of damage incurred by the illegal use of the victim C, among the instant crimes, and the crimes set forth in Nos. 1-A, 2, 2, 4 (1)-1 through 3 of the judgment of the court below among the instant crimes, should be considered at the same time in relation to the latter part of Article 37 of the Criminal Act with the special larceny for which the judgment has already become final and conclusive and the concurrent crimes under the latter part of Article 37 of the Criminal Act.

However, on the other hand, the crime of this case was committed three times at night by the defendant, and in particular, with respect to the victim E who is 68 years of age, he was sentenced to the suspension of the execution of imprisonment on August 12, 2010 and was detained on December 2, 2012 due to special larceny around December 2, 2012 by the defendant, when he used the stolen credit card. The victim M was sent to a video currency with his sexual organ or self-defense. The crime of this case was not agreed with the victim M, and the crime of 2011 among the crime of this case was committed on August 12, 2010 by the Seoul East District Court sentenced the defendant to the suspension of the execution of the sentence for injury on June 2, 201, and the remaining crime of 2012 was detained on August 21, 2012.

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