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(영문) 부산고등법원 (창원) 2014.07.16 2014노147

강도미수등

Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (three years of imprisonment, etc.) is too unreasonable.

B. Each sentence sentenced by the court below to the Defendants (as above, Defendant A is the same as the above, Defendant B is the two years of imprisonment with prison labor, Defendant C is the one-year suspended sentence of imprisonment with prison labor, etc.) is too unfluent and unfair.

2. Determination

A. The crime of robbery committed by Defendant A and the crime of attempted special larceny committed by Defendant A are another crime that is committed by force or theft of large cash through the so-called “daybook” method for female victims who are revenues sources for news reports. The liability of the crime is not less and less poor. The frequency of the crime is more than 170 times and the amount of damage is more than 40 million won, the total damage amount is more than 17 million won, the total damage amount is more than 17 million won, and the financial transaction account is opened by unlawful use of another’s resident registration certificate in order to commit the above fraud, and it is recognized that there is an unfavorable sentencing factor or objective and neutral sentencing factor.

However, it is also recognized that there is more favorable sentencing factors or objective and neutral sentencing factors, such as the fact that the defendant is both aware of and against all of the crimes, robbery and special larceny crimes are all attempted crimes, and the defendant was sentenced to a fine of KRW 300,000 by larceny in 2010 prior to the crime of this case, and there is no particular criminal power.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be less or less light to the extent that it should be reversed.

Sentencing.