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(영문) 서울고등법원 2016.12.21 2016노3203
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (two years of imprisonment, confiscation) is too unreasonable.

However, each of the instant crimes committed against the victim E of the fraudulent crime after the Defendant was killed while running a mobile phone business around 2015, and then acquired property benefits from the fraudulent crime as stated in the judgment of the court below, and committed the crime as stated in the judgment of the court below against the victim D of the robbery by using the stock farms and knifs prepared in advance.

The Defendant made a confession of all of the crimes of this case, and is against the truth.

There is no record of criminal punishment exceeding a fine, and there is no criminal record of violent crimes.

The robbery among the crime of robbery in the instant case was attempted.

The relationship between the relatives and the branch of the defendant remains as well as the social ties of the defendant, such as the birth of the defendant's wife.

Such circumstances can be considered in light of the circumstances favorable to the defendant.

On the other hand, in the case of the robbery In the case of the crime of robbery in this case, the defendant purchased a stock farm and knife in advance and prepared to commit the crime, and the defendant threatened the victim D who gets home with the children of three years old at that time, with the victim D who returned home with the children of five years old at that time, and threatened the victim D who fighted against it.

The victim D suffered injuries that need to be treated for about six weeks due to the knife of knife, the knife of the knife, the knife of the knife, the knife of the knife, and the knife of the knife.

Such experience can be a big obstacle to the harmonious personality of young children of the victim D.

Victims D have complained of extreme mental suffering, and the defendant's severe punishment has been applied.

On the other hand, the defendant did not receive a letter from the victim E in relation to the crime of fraud of this case.

Such circumstances are disadvantageous to the defendant.

(b) other.

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