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(영문) 대구고등법원 2018.02.08 2017노606
강도상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Reasons

The punishment of eight-year imprisonment sentenced by the court below is too unreasonable.

Judgment

Examining the various sentencing conditions of this case, the crime of this case is committed by the defendant with a view to taking the friendship and drinking of the same deaf-mute in order to force him, and where the defendant left the Republic of Korea with three times as he prepared to have her heading her home near the house of his her her friend, and took three times in advance to have her frighting and 4 weeks of warning, and driving a motor vehicle with a driver without a license under the influence of alcohol, resulting in an injury of two weeks of warning to the other driver. The crime of this case is committed in light of the nature and method of the crime, number of times, degree of damage, etc., the crime is not good, and the defendant left the Republic of Korea with a view to being subject to a repeated crime, leaving the Republic of Korea with a view to breathing a friend and drinking alcohol without leave her her friend, and the defendant has been sentenced to an aggravated punishment of imprisonment with prison labor for more than 6 years, and has not been sentenced to various circumstances such as robbery and rape.

On the other hand, however, the defendant seems to be able to reflect the wrongness while committing all crimes. In particular, in the trial of the party, the victim does not want to be punished by the defendant, and the defendant was faced with hearing and language disorder from the time when he was frighten and was unable to receive proper education due to difficult family circumstances, and is an adult.

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