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(영문) 서울고등법원 2016.09.28 2016노1969
강도상해등
Text

All appeals by the Defendants are dismissed.

Reasons

The sentence of Defendant A (five years of imprisonment) by the lower court (five years of imprisonment) is too unreasonable.

Defendant

B (misunderstanding of facts and misunderstanding of legal principles) The Defendant jointly committed the Defendant’s “A” and brought about money only next to the test.

“In other words, coerciond and forced intimidation to be accompanied inevitably,” and only aided and aided by the joint Defendant A by knowing that money was stolen.

Ultimately, the defendant is not in the position of a joint principal offender for robbery committed by the joint defendant A.

As such, the Defendant was unable to anticipate the robbery of Defendant A at all, and thus, cannot be held liable for the crime of robbery.

Even if not, the Defendant is forced to commit robbery under the coercion of joint Defendant A by coercion.

However, the following can be considered as ordinary circumstances favorable to the defendant: (a) the defendant A was living together and reflects his mistake at the latest; (b) the victims of robbery and special larceny and AF, AG, and AH among victims of special larceny, the victims do not want punishment for the defendant; (c) deposited certain money for victim AD; (d) the defrauded money was returned to victims to recover damage; and (e) the extent of damage to the victim was relatively minor; (c) the victim was a minor at the time of each of the crimes in this case; (d) the defendant was a minor at the time of each of the crimes in this case; and (e) the mother or the mother of the defendant was booming the defendant's preference, and thus maintaining the social ties of the defendant.

On the other hand, even though the defendant had been detained in the juvenile reformatory for two years due to special robbery, the defendant continued to commit each of the crimes of this case within a short time.

The crime committed by the defendant is planned to commit robberys, flags, fraud, etc. on the grounds that entertainment expenses are prepared.

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