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(영문) 서울고등법원 2017.05.19 2017노870

특수강도미수

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of this case is a matter that the defendant attempted to withdraw money and valuables by threatening the victim who was under the age of two with a knife with a knife with a knife who had a deadly weapon at a low level and who was released from the house with the knife.

The lower court, under the circumstances, considered ① the Defendant’s unfavorable to the Defendant: (a) was prepared in advance to check the place where the Defendant was living together with female and female, and prepare the victim to commit the crime; (b) the Defendant was waiting for the victim for the commission of the crime for about four hours outside the victim’s house; (c) the Defendant prepared and prepared clothes to avoid the commission of the crime; (d) planned and prepared the crime, such as taking clothes before and after the commission of the crime; and (e) the Defendant did not make any effort to recover from damage, such as agreement with the victim, even though the victim appears to have been easily cured; (b) under favorable circumstances, the Defendant was able to recognize the Defendant’s mistake from the early stage of the investigation into the crime; and (e) additional damage, such as injury, was not incurred in the course of the crime; and (e) the Defendant did not have any record of the instant criminal punishment before the crime was committed; and (e) took into account all the following factors, given that the Defendant had no record of the criminal punishment of this case.

Such sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by fully taking into account the aforementioned various circumstances, and the circumstances alleged by the Defendant on the grounds of unfair sentencing have already been sufficiently considered in the process of determining the sentence as above, and there are changes in the special circumstances to change the sentencing of the lower court.