특수강도등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (three years and six months of imprisonment) is too unreasonable.
2. Determination
A. In full view of all the sentencing conditions indicated in the instant case, including the Defendant’s age, character and conduct, environment, motive and means of committing the crime, as well as the circumstances after committing the crime, it is difficult to view that the lower court’s sentence against the Defendant is unreasonable because it excessively exceeds the Defendant’s liability, even considering the favorable sentencing factors.
(1) In order to raise funds needed for Internet gambling, the Defendant took a 12.2 million won by carrying with himself any deadly weapon against the victim (the 45 years of age), who is the principal of the restaurant that he served as his employee, or by placing the victim’s vehicle or the defendant’s relative house in custody. The Defendant stated that he had no intention to commit a crime in the statement of grounds for appeal. However, according to the evidence duly adopted and investigated by the lower court, the Defendant was found guilty of all the instant crime.
In the process, a vehicle was driven without a driver's license.
In the case of the crime of Dod Special Robbery, the crime of the defendant is serious in light of the fact that the mobilized method of the crime, such as holding the victim's grandchildren behind the crime using the telephone line and binding the victim's bridge to prevent the victim from escape in the vehicle, etc., is professional and secret.
Article 2(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) was sentenced to six years in 2003, and Article 2(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) was sentenced to one year and six months in 201.
Applicant Some damage was confiscated and repaid to the victim, but the remainder was consumed by the defendant with the Internet gambling and entertainment expenses.
A victim shall be deemed to have suffered significant mental shock and damage due to special robbery.