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(영문) 서울고등법원(춘천) 2020.10.28 2020노45
강도상해등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, three years of disclosure of personal information, five years of employment restriction, 15 years of registration of personal information, and ten years of attachment of an electronic tracking device, etc.) is too heavy or unreasonable (the Defendant and the person subject to an attachment order and the person subject to an application for an attachment order; hereinafter “Defendant”).

2. Determination

A. The Defendant’s crime of robbery, injury, and indecent act by compulsion on the part of the Defendant case committed the robbery is that the Defendant, on two occasions at night, entered a convenience store where female employees are mixed, deducted the victim from the victim, or deducted the goods, and the Defendant committed an indecent act by compulsion by force by force on the part of the victim for the purpose of evading arrest in the course of escape.

All these crimes are very disadvantageous to the victim in a state vulnerable to the crime.

In addition to other crimes of the defendant, it is also a good that all crimes are committed by acquiring property by using another person's credit card or physical card at the main or convenience store without permission or by taking money from the main or convenience store, by acquiring alcohol and heath, etc. even though it does not think that money is paid at the main or branch, by stealing it from the clothing store, by stealing it from another person or destroying property.

Although the Defendant had been sentenced to imprisonment with prison labor or a suspended sentence due to a similar special robbery, indecent act by force, fraud, theft, and various violent crimes, he again committed each of the crimes of this case during the period of repeated crime.

On the other hand, the Defendant recognized all of the crimes of this case.

Of the victims of robbery, H recovered most of the damage caused by the arrest of the defendant, and in the investigation agency and the court below, the victim C and T of the fraud crime, the victim L of the larceny crime, and the theft victim AK were partly recovered.

C and K agreed with the defendant, and fraud.

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