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(영문) 광주고등법원 2020.04.21 2019노434
특수강도등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for six years, Defendant B and C shall be punished by imprisonment for three years and six months.

The court below held.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five years of imprisonment, four years of imprisonment, and four years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the assertion of unfair sentencing by the Defendants and the prosecutor, the Defendant A provided cooperation in the investigation by providing other Defendants with personal information during the investigation process on the crime of special robbery of this case, and there is no record of punishment exceeding the fine.

In the lower court, the Defendant denied the crime of forging private documents and uttering of an investigation document, but this court recognized the above crime and reflected it.

However, at the time of committing the instant special robbery, the Defendant directly committed the act of intimidation, such as threatening the victim with excessive or only 16 months of the victim’s children, and ordered the victim to withdraw money from the bank, etc.

The above victim is suffering from mental shock that is difficult to cope with due to the crime of special robbery of this case.

Nevertheless, the Defendant did not take any measures to recover damage up to the appellate trial.

Furthermore, even though the Defendant committed the embezzlement and fraud of this case to provide the existing debt security, the Defendant expressed to the effect that “it may take illegal means and methods to raise money” on the Internet camera through which many and unspecified persons can see, and the Defendants had contacted and gathered with each other regarding the crime of special robbery.

In light of the above circumstances, the defendant avoided the existing debt by the so-called way to prevent it from returning, and prevents the embezzlement and fraud of this case, and the nature of the crime and the circumstances of the crime are more severe.

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