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(영문) 서울고등법원 2013.07.05 2013노1565

특수강도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unfilled and unreasonable.

2. The instant crime is very bad in that the Defendant, carrying a knife and committing robbery against old women with poor defense capability, and committing robbery.

However, in full view of the following facts: (a) the Defendant made a confession of all of the crimes, and the Defendant suffered liver quality from the time when he was committed, and appears to have committed the instant crime by contingently during the commission of the Defendant’s father’s care in an economically difficult situation; (b) the amount of damage incurred by the instant crime is relatively large; (c) the victim did not want to be punished against the Defendant; (d) the Defendant was sentenced to a fine due to the theft or fraud, but there was no criminal record due to suspended execution or the same robbery; (e) the Defendant’s age, character, character, family environment, motive and circumstance leading to the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s sentence is too unjustifiable and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.