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(영문) 광주고등법원 (전주) 2019.01.22 2018노184
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three years and six months of imprisonment) is too unreasonable; and

2. The judgment of the defendant shows the attitude of reflecting the mistake when he/she committed the crime.

The defendant's strong cash amounting to one million won was voluntarily submitted to the police and the damage was completely recovered.

The victim does not want the punishment of the defendant by mutual consent with the victim.

These points are favorable to the defendant.

On the other hand, the defendant found a potential victim under the influence of alcohol in outdoor while wearing a hemoth and lock in a new wall, and found the victim under the influence of theft or robbery, and found the victim under the influence of alcohol, and got off from the urropos, and was cut off the victim's lab, while the victim's labing of cash after the labing of the victim's lab, it did not go out of the place of the wind that the victim can stop down from the locking.

However, the Defendant, while having been aware that the victim was under the influence of alcohol, did not waive the crime and did not conceal the victim’s money for the purpose of cutting off or taking forcibly the victim’s money in the vicinity of the place where the victim was divingd, and subsequently the victim dumpeded away from the victim’s sleeps, followed by assaulting the victim’s face and her face, etc. several times, led the victim to force the victim to the complete resistance of one million won in cash, and led the victim to the need for a medical treatment for about two weeks.

As above, in light of the fact that the defendant's crime is planned, gathered, and dangerous, that the defendant wears a glock and lock to facilitate the crime and not keep evidence, and that the degree of violence used by the defendant is not easy, and that the amount of money and valuables taken by the defendant is not small, etc., it is not very good to commit the crime.

The defendant is sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the larceny, seven times and one time.

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