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(영문) 서울고등법원 2017.04.14 2016노3413
강도상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of four years and a fine of 2.5 million won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) (the grounds for appeal filed by the defense counsel after the deadline for submitting the reasons for appeal are to the extent to supplement the Defendant’s written reasons for appeal) are both recognized and reflected by the Defendant. The crime of robbery in this case is unfair because the Defendant committed any contingent act in the course of making a suspicion of fraud and disclosing it; the Defendant did not directly assault the victims of robbery and did not limit the degree of injury suffered by the victims; the Defendant did not receive KRW 13 million from P on the spot of gambling and did not obtain economic benefits; the Defendant did not obtain economic benefits; the Defendant is expected to endeavor to recover damage suffered by robbery; and the Defendant’s family is leading the Defendant to the Defendant.

2. The crime of robbery in the instant case was committed with other accomplices in order to force the Defendant’s money that the Defendant lost due to gambling, and was committed by assaulting the victims, and there was a bad quality of the crime, which was subject to criminal punishment twice due to a violation of the same kind of petroleum and petroleum substitute fuel business, and committed the crime of selling fake petroleum products again in the situation where a warrant of arrest was issued due to robbery, and up to the operation of the illegal gambling game room.

On the other hand, when the Defendant was in the first instance, recognized all the crimes of robbery, such as recognizing the crime of robbery, etc., and, in the first instance, in gambling with the victim F and the victim of robbery, the Defendant was assaulted by the Defendant’s daily act.

The defendant's age, sex, environment, motive, means and consequence leading to the crime of this case, circumstances before and after the crime, and robbery.

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