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(영문) 서울고등법원 2019.10.31 2019노1799
강도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant (two years of imprisonment) is excessively unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfasible and unfair.

2. The summary of the instant crime is that the Defendant, who had engaged in the act of arranging sexual traffic (the age of 66), forced the victim (the age of 66) to take a tax exemption, and forced the victim to take 50,000 won in cash in the envelope possessed by the victim after suppressing the resistance.

In addition to the contents of the instant crime, in light of the prosecutor’s protocol of interrogation of the Defendant (Evidence No. 74-75 pages) by the prosecution (Evidence No. 74-75 pages), the police protocol of statement of the victim (Evidence No. 10 pages) by the victim (Evidence No. 10 pages), etc., the crime of the instant crime cannot be deemed to be light.

Although there is room to suspect that the crime is planned like the prosecutor's assertion, it is difficult to find any more evidence to support the crime. The physical and mental shock of the victim caused by the crime in this case seems to have been reasonable.

The victim expressed his intention to punish the defendant significantly.

It is also difficult to find any material to prove that the damage has been partially recovered.

The defendant has a record of criminal punishment of larceny in 2009.

The above is the circumstances unfavorable to the defendant.

On the other hand, the Defendant showed anti-discrimination while attempting to commit the instant crime.

It is difficult to view that the size of the property taken by the defendant is large as KRW 500,000 in cash.

The above is the circumstances favorable to the defendant.

As above, the Defendant’s age, health, character and conduct, home environment, and circumstances after crimes, together with the factors of sentencing favorable or unfavorable to the Defendant.

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