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(영문) 광주고등법원 2013.09.05 2013노299
특수강도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The summary of the grounds for appeal by the accused (five years of imprisonment) is too unreasonable;

2. Although the nature of the crime of this case is not good, the defendant confessions the crime of this case and commits a mistake against the victim, most of the defendant agreed with the victims except the victim in the name failure, and deposited KRW 81,00 for the victim U.S., taking full account of all the circumstances such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, etc., the court below's punishment is too heavy. Thus, the defendant's above assertion is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 334(2) and (1), 333 of the Criminal Act (the point of special robbery, selection of a limited imprisonment), Articles 342, 334(2) and (1), and 333 of the Criminal Act (the point of attempted special robbery, selection of a limited imprisonment) of the same Act, and Article 331(2) and (1) of the Criminal Act (the point of special larceny);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances in the preceding);

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