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(영문) 대전고등법원 2015.11.06 2015노463

강도강간미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

For five years, the disclosure of the information on the accused.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (10 years of imprisonment) is too unreasonable.

Judgment

The Defendant committed each of the instant crimes without any awareness during one month after he/she was sentenced to punishment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and was released from punishment due to the violation of the Act on the Aggravated Punishment, etc., and the Defendant committed each of the instant crimes without any awareness of any specific crime, and the Defendant, in the previous habitual larceny crimes, etc., with very heavy and bad nature of the crime, and with the contents of the instant crimes and the method of committing robbery, and did not take any measures to recover from damage to the victims of each of the instant crimes.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized each of the crimes in this case, and later repented and reflected his mistake in depth, the fact that part of the stolen or robbery damage was temporarily returned to the victims, and the fact that the robbery rape committed against the victim I was committed in the course of attempted rape, etc.

In full view of all the sentencing conditions shown in the argument in the instant case, such as the above circumstances, the defendant's age, character and conduct, environment, means and consequence of the crime, etc., the sentencing guidelines recommended by the Sentencing Committee of the Supreme Court is deemed to be too unreasonable.

The defendant's assertion of unfair sentencing is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 332 of the Criminal Act and Articles 32 and 329 of the Criminal Act (with regard to habitual larceny, choice of imprisonment with prison labor) and the Criminal Act concerning criminal facts.