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(영문) 서울고등법원 2019.05.16 2019노467
강도상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum of three years and six months, and a short of three years.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (five years of imprisonment with prison labor for a maximum term, four years of short term) is too unreasonable.

2. In light of the fact that the Defendant was a juvenile, even if having received juvenile protective disposition, etc. over several occasions, the Defendant committed several crimes of this case for a short time. Of each of the crimes of this case, the statutory penalty includes injury by robbery, which is imprisonment with prison labor for life or for not less than seven years.

In addition, the victim of robbery was aged 71 years at the time, and the defendant had access to the victim for the purpose of reducing cash from the beginning, and had a discriminatory assault during the long time, and had the victim mariluously sold the victim.

The degree of injury inflicted on the victim of robbery is considerably significant, and the defendant's side does not take measures to recover from the damage, and the victim, his family members, and the brusors want to punish the defendant.

The Defendant was unable to recover the damage of the remaining crimes, and was unable to receive a letter from the victims.

However, the defendant recognized all of the crimes of this case and was detained for a considerable period of time, and his mistake is divided in depth.

The degree of damage was relatively minor for each crime other than robbery and most contingent situations were occurred.

The defendant is currently 17 years of age, and his guardian shows his attitude to correct his character and behavior.

Defendant’s age fell under the child’s age and renounces his studies in the middle of home environment, and subsequently, led to a number of crimes committed in the instant case while under the influence of alcoholing life. The Defendant strongly expressed his/her intent not to repeat a crime by receiving drinking treatment after being released.

In addition to the above various circumstances, the defendant's character and behavior.

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