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(영문) 수원고등법원 2020.12.17 2020노469
준특수강도등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be four years of imprisonment with prison labor and a fine of two hundred thousand won.

Defendant.

Reasons

1. On the other hand, the Defendant appears to have recognized all of his criminal acts and against his mistake, and made clear the intent that some of the victims and the Defendant do not want to punish the Defendant, and that they do not want to punish the Defendant.

This is an element of sentencing to be newly considered for the defendant.

In addition, in full view of all the sentencing factors indicated in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the degree of damage caused by the crime, etc., the sentence imposed by the lower court is excessively unreasonable even considering the circumstances unfavorable to the Defendant among the sentencing factors set forth by the lower court.

2. The judgment of the court below is reversed, and the defendant's appeal is without merit, and it is again decided as follows.

[Grounds for the judgment of multiple court] Criminal facts and summary of evidence recognized by this court are as stated in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 156 subparagraph 10 of the Road Traffic Act, and Article 54 (1) 2 of the Road Traffic Act (the point where personal information is not provided after the parking vehicle is damaged), Articles 335, 334 (2) and (1), 333 of the Criminal Act, Article 329 of the Criminal Act, Articles 14 (1) and 136 (1) of the Criminal Act concerning the crime;

1. The crimes under Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime under Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the crimes under Article 50 of the Road Traffic Act, and the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the crimes

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