logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.04.25 2013노966
특수강도등
Text

All the judgment below is reversed.

Defendants shall be punished by imprisonment for not less than two years and six months.

A designated receipt and disbursement paper.

Reasons

1. The summary of the grounds of appeal is too unreasonable in light of the following: (a) the Defendants committed the instant crime; (b) the Defendants’ past records; and (c) the Defendants divided their mistakes; and (d) the punishment of the lower court (two and half years of imprisonment) is too unreasonable.

2. Examining ex officio the Defendants’ assertion of unfair sentencing, the lower judgment is reversed as follows.

The related court below determined that the defendants' act of having the victim jointly arrest the victim (the violation of the Punishment of Violences, etc. Act (joint confinement) and the victim receive a certified copy of his/her certificate of personal seal impression and resident registration (the violation of the Punishment of Violences, etc. Act (the violation of the Act on the Punishment of Violences, Etc.) are in a mutually competitive relationship, and the acts of taking one passenger vehicle of the victim by force (the special robbery) are separate acts, and thus, the violation of the Punishment of Violences, etc. Act (joint confinement) and the special robbery are in a substantive concurrent relationship under the former part of Article 37 of the Criminal Act.

However, according to the records, it can be acknowledged that the Defendants and T jointly (or jointly) used an opportunity to detain the victim from around 07:15 on December 24, 2012 to around 11:15 on the same day, and caused the victim to prepare a written statement, etc. by assaulting and threatening the victim to prepare the above written statement, etc., and forcibly taken the passenger car for the victim.

Therefore, it is reasonable to view that the above act of confinement and the act of coercion are overlap at time and at a place, and the act of coercion itself constitutes intimidation, which is the means of robbery, and thus, the crime of violation of the Punishment of Violences, etc. Act (joint confinement) and the crime of special robbery are realized as a single act. Therefore, both crimes are in a commercial concurrence relationship under Article 40 of the Criminal Act

Therefore, the crime of violation of the Punishment of Violences, etc. Act (joint coercion) and the punishment of violence, etc.

arrow