특수강도미수등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (two years of imprisonment, etc.) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Circumstances unfavorable to the determination - The Defendant, using a reproduction machine, etc., forged the Chapter nine 50,00 won closed, and subsequently exercised several times by purchasing small amount of goods and receiving money using it.
Such crimes of forgery and use of currency are crimes that undermine public credibility and transaction safety in currency, which are the basis of the exchange economy, and require strict punishment.
- In addition, at night, the defendant invadedd the house of the victim (at night, 27 years of age) and led the defendant to suppress the resistance and steals the object in such a way as to sell the next gate in drinking.
Since there is no agreement with the victim, the victim is trying to punish the victim significantly.
favorable circumstances - The defendant recognized all of the crimes of this case and reflected against each other.
- The method of monetary aid is relatively simple so that if the general public pay attention, it can be known that it is not a true currency.
In fact, Y, who received forged money from the defendant, was immediately identified and reported to the police.
- The special robbery in the holding did not reach the number and did not commit an attempted crime.
- Until before each of the crimes of this case, the defendant had no record of the crime exceeding the fine.
Since the defendant was sentenced to one year of imprisonment due to forced indecent act in 2017 and the above judgment becomes final and conclusive, it is necessary to consider equity with the above crime.
- The defendant has grow up in the poor family environment, and such growth background seems to have had an effect on the crime of this case.
In addition, the above circumstances and the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime are revealed in the arguments.