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(영문) 서울고등법원 2013.07.18 2013노1785
특수강도미수등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is too unreasonable considering the following circumstances: (a) the Defendant reflects the instant crime in depth; (b) the victim helps the Defendant as the pro-parent of the Defendant and does not punish the Defendant; and (c) the sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. The lower court, on the following grounds, sentenced the Defendant to a punishment of two-year imprisonment, on the ground that the Defendant’s parents, the victim of the robbery of the instant case, wishing to have the Defendant’s prior wifeed, etc., on the following grounds, deeming that the Defendant’s severe punishment is inevitable.

1) The crime of this case was committed by the Defendant using electronic percussion locks, audio tapes, etc. to plan the robbery of this case and invite accomplices to commit the robbery of this case, which led the Defendant to force the Defendant’s parents to take property by force, and then, it was extremely failed to view that the act of the Defendant, such as the locked in the vehicle, was an act by which the Defendant’s act of self-fashion could not be seen as an act. 2) The robbery of this case was committed by the robbery of this case, which led to the Defendant’s parents’ great mental impulse.

3. The Defendant suggested B to invite persons to commit the robbery of this case while committing the robbery of this case, and promised B and B to pay 10 million won each in return for the commission of the crime, and proposed them to commit the above crime. It was paid that B and K did not leave from the crime by raising the amount of money that B and K would have to contact with them by telephone, send text messages to them, or pay in return, etc. In addition, the Defendant sent I, J, and K the door door password and internal structure of the house to the victim N in the right door room of the present door door, and put them into force by cutting them into an electronic percussion lock, and theO would have to ask the password of passbook, etc., so that electronic percussion locks should not be used.

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