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(영문) 서울고등법원 2014.01.10 2013노3219
강도치상
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is determined by the following facts: (a) the Defendants conspired to commit the crime of this case in high-water container stuff; (b) the senior citizens who were able to sleepd with the crime of this case by threatening them with a deadly weapon to withdraw property; (c) the attempted crime of this case was committed; (d) the victim is very bad and has a high social risk; (e) the victim is defeasiblely injured; (e) the victim seems to have suffered considerable mental and physical pain by committing the crime of this case; (c) the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (main Vehicles) after the crime of this case was committed; (d) Defendant A was sentenced to a suspended sentence of imprisonment with prison labor due to special larceny; and (e) Defendant B was sentenced to a suspended sentence of imprisonment with prison labor for the crime of rape after the crime of this case; and (e) the victim’s age, character and conduct, motive of the crime of this case; and (e) the victim’s motive and method of the crime of this case; (e) the defendants’s argument was unreasonable.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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