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(영문) 부산고등법원 2014.06.25 2014노162

특수강도

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in the summary of the grounds for appeal is too unreasonable (three years of imprisonment).

2. However, the circumstances favorable to the defendant include the fact that the defendant has no record of criminal punishment in the Republic of Korea, and confessions as a substitute for the crime of this case and reflects the mistake.

However, the crime of this case is committed by inducing the victim to remain in a dormitory by inviting the defendant in collusion with his accomplices in a planned manner, and by forceing the victim with gas sprayers and electronic shock percussion lock to 26.5 million won after being caught by using a lush tape with snow, and the crime of this case is highly serious in light of the circumstances of the crime, the method of the crime, the scale of damage, the circumstances after the crime, etc., and the defendant had escaped for 4 years, and did not agree with the victim, and all of the sentencing conditions of the defendant in this case including age, character and behavior, environment, motive and means of the crime, the result of the application of sentencing guidelines of the Sentencing Commission of the Supreme Court and the sentencing guidelines of the Sentencing Commission of the Supreme Court [the scope of recommendations] general criteria (3 to 6 years) [no person who is a general person] / [no person who is a special person] considering the degree of liability of the defendant, even if the defendant is sentenced too unreasonable compared to the extent of the crime committed by the defendant.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.