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(영문) 서울고등법원 2014.12.18 2014노2766
강도상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the robbery of this case, the injured party’s wife suffered at the time of committing the robbery of this case does not constitute injury in the crime of robbery.

B. The lower court’s sentence against the Defendants (Defendant A: 4 years of imprisonment with prison labor, Defendant B: 1 year and October) is too unreasonable.

2. Determination

A. As to Defendant A’s assertion of misunderstanding of facts or misapprehension of legal principles, Defendant A also made the same assertion in the original court, and the lower court rejected the above assertion in detail with its detailed explanation (in light of the evidence duly admitted and investigated by the lower court, the lower court’s determination is justifiable. Therefore, this part of the Defendant A’s assertion is without merit.

B. As to the Defendants’ assertion of unfair sentencing, the Defendants’ assertion of unfair sentencing is against all the facts as to the crime, and the Defendants’ assertion that the degree of injury inflicted by the victim of robbery, injury by robbery, or robbery is not significant, and the extent of damage inflicted by the Defendants’ remaining property crimes is not much significant, etc. are the conditions for sentencing favorable to the Defendants.

However, while inducing the Defendants to attract men who are interested in female juveniles through Internet hosting and resolving their meals and lockeds, Defendant A received money and valuables from the victims and inflicted injury on them, and Defendant B committed each of the crimes of this case by aiding and abetting such crimes, etc. Defendant A stolen another’s property, used a stolen debit card, etc., and went away from his service as a public duty personnel without justifiable grounds, and committed the crime of this case including the same crime during the repeated crime period after having been sentenced to ten months of imprisonment on February 20, 2013 and completed the execution of the sentence, and committed the crime of this case including the same crime during the repeated crime. Defendant B stolen another’s property and used the stolen debit card.

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