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(영문) 광주고등법원 2016.12.15 2016노370
강도상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal against the defendant, the defendant asserts that the defendant is too unaffortable and unfair, and the prosecutor asserts that the defendant is too unaffortable and unfair.

2. The crime of this case was established at night by the defendant opened the rooftop door of the building, intrudes into the residence of the victims, and then took the 500,000 won away from the victim E to inflict an injury on the victims, and took the 500,000 won in cash. As a matter of course, the crime of this case was serious damage to the victims who involved in the construction of a dangerous object, such as the degree of injury suffered by the victims. The crime of this case is very poor.

As a result, victims are suffering from severe mental impulses due to their own residence at night as well as from damage to their body and property, and are suffering from considerable mental symptoms.

Nevertheless, the defendant did not take any measures to recover damage against the victims.

In addition, the Defendant committed the instant crime, which is a specific violent crime, under Article 2 (1) of the Act on Special Cases concerning the Punishment of Specific violent Crimes, again committed the instant crime within the period of repeated crime not exceeding one year after the execution of the sentence was completed.

However, there are extenuating circumstances in favor of the defendant, such as the confession of the defendant to commit a crime and submission of a statement of reflection several times, and the fact that the mistake is repented in depth, etc.

In full view of all the sentencing conditions shown in the records and arguments of this case, including the Defendant’s age, family relation, criminal record, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s punishment is too heavy, or that it is unreasonable to destroy it as it is too unreasonable.

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