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(영문) 서울고등법원 2013.10.31 2013노2894
강도등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for two years.

provided that this ruling has become final and conclusive.

Reasons

1. The sentence of the lower court (one year and six months of imprisonment, and two years of suspended execution) to the gist of the grounds for appeal is deemed to be too unhued and unfair;

2. It is recognized that the defendant made a confession of the crime of this case, and his mistake is divided in depth, the defendant's total amount of 75,000 won or more due to the crime of this case does not reach the maximum amount of 75,000 won, the degree of assault and threat inflicted on the victims is not severe, the defendant has no record of criminal punishment, and the family of the defendant does not want punishment for the defendant by agreement with the victimJ for the defendant.

However, the defendant committed the crime of this case by taking advantage of the weak points that the victims, who are the owners of the women's accommodation services, cannot report to the police even if they were injured. The defendant committed the crime of this case by taking advantage of the fact that the victims are older than all ages, and the defendant committed the crime of robbery or attack against four victims four times for six months and four times for the crime of this case, and the victims seem to have suffered serious mental shock. The crime of this case appears to have occurred due to the crime of this case, the victims have not agreed on three of the four victims or have not taken appropriate measures to compensate for damages. Accordingly, the victims have maintained their intent to punish the defendant. Accordingly, the crimes of robbery are various sentencing conditions and the scope of sentencing guidelines based on the sentencing guidelines of this case, including the defendant's age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc., fall under the scope of punishment of each crime of this case, which falls under the category of imprisonment with prison labor of 1 to 2 years within the scope of punishment of "general punishment of punishment of 1 to 7 years".

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