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(영문) 서울고등법원 2012.12.27 2012노3393
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (five years of imprisonment and confiscation) shall be too unlimited and unfair; and

2. It is recognized that the circumstances, such as the fact that the Defendant is pening his mistake in depth, and that there is no risk of life or body to the victim of the crime of special robbery.

However, the crime of special robbery of this case is a case where the defendant et al. took the victim's cash and credit card in a situation where the victim was unable to resist with his accomplice by taking a drug jointly with his accomplice, and the crime of special robbery of this case was committed again during the period of repeated crime after the defendant was sentenced to three years of imprisonment due to a special robbery, etc., and the execution of the sentence is completed, and the defendant again committed a specific violent crime of this case during the period of repeated crime. The defendant took the victim's credit card by force, 16 hours of 9 hours of 16 hours of 9 hours of use of the above credit card so that he acquired a considerable amount of pecuniary benefits by taking the victim's first time. The defendant was punished for the same kind of crime, such as taking the property by force and taking the credit card, denying the use of the credit card, etc., but the defendant did not know about the fact that each of the crimes of this case was committed in a situation where the victim suffered property damage, the motive and degree of punishment of the crime of this case, etc.

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