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(영문) 서울고등법원 2015.03.27 2015노29
특수강도등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for nine years.

One kitchen, which has been seized, shall be accompanied by one kitchen.

Reasons

1. Summary of grounds for appeal;

A. In view of the fact that the Defendant in the Defendant’s instant case led to the confession of his own crime, the occurrence of a contingency in the case of a special robbery, and there was no direct assault, and the motive of the crime, etc., the lower court’s imprisonment (10 years of imprisonment) is too unreasonable.

B. The lower court’s 15-year location tracking device attachment order for the case of the attachment order is too prolonged and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant case, the Prosecutor applied for amendments to the indictment with the following purport: (a) the part on the criminal facts pertaining to the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) in the indictment by the court; (b) “In doing so, the Defendant forced the victim to withdraw money from the indictment and forced the victim to commit an indecent act and thereby, led the victim to an influorous and influoral state, etc. of the number of days of treatment; (c) the Defendant forced the victim to withdraw money from the victim; and (d) applied for amendments to the indictment with the content that “Influord the victim to withdraw money from the victim; and (d) caused similar rape and the victim to undergo a

As long as the above crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the remaining criminal facts found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, the original judgment shall be reversed in its entirety.

B. According to the evidence duly adopted and examined by the lower court regarding the request for attachment order, the person subject to the request for attachment order was sentenced to imprisonment with prison labor for a maximum of one year and six months for special robbery at the Seoul Northern District Court on April 2, 2004, and one year and three months for a short term, and on July 26, 2007, Incheon District Court was sentenced to seven years for robbery as a crime of robbery at the Incheon District Court’s Branch Branch, and was sentenced to seven months for the crime of robbery on May 9, 2014.

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