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(영문) 서울고등법원 2015.07.28 2015노1551
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (five years of imprisonment) is too unreasonable.

Judgment

In all of the instant crimes, the Defendant made a confession of his mistake in depth while committing the instant crime, the partial damage of the special robbery was recovered to the victim D, deposited KRW 15 million ( KRW 10 million from the original trial, KRW 5 million from the original trial, KRW 5 million from the trial) for the victim D of the special robbery, agreed with the victim E of the larceny, and there is no record of criminal punishment exceeding the fine for the Defendant.

On the other hand, the crime of special robbery of this case threatens the victim's house with 10cc long of knife by intrusioning on the victim's house with 2 sphere flag, threatening the victim with a knife knife knife with a knife 10cc long. The defendant forced the victim to take money and valuables after pressinging his face and body with Knife and sphere knife with its face and knife with knife with its face, and taking the money and valuables into custody in light of the object and content of the crime. In the above crime process, the defendant threatened the above victim with "brue" and forced the above victim to speak the secret number of the debit card that he took advantage of the above victim's mental shock and physical pain, the defendant can easily be punished against the defendant by a fine of 205 days prior to his special robbery, taking into account the fact that he was punished by a fine of 10.5 days after his use of his vehicle with his own special robbery.

The above circumstances and the defendant's age, character and conduct, environment, family relationship, and circumstances after crimes.

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