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(영문) 대구고등법원 2018.12.20 2018노401

특수강도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable for three years of imprisonment with prison labor sentenced to the defendant.

2. Examining the various sentencing conditions in the instant case, the Defendant, while recognizing the instant crime, appears to reflect and repent his mistake in depth, and would not repeat again.

C. The following facts are: (a) the Defendant was under pressure to raise the medical expenses and the interest on loans received from the lending company, etc. to raise the living expenses of the children born in the U.S.; (b) the Defendant appears to have committed the instant crime in a somewhat contingent manner to change them; (c) some of the strong amount was repaid to D; (d) the Defendant’s repayment of the loan, etc. was made in full; (e) the Defendant’s payment of the loan, etc. was made in return for property damage; (e) the Defendant deposited KRW 2 million each under the pretext of agreement for two employees of D, the victims of the instant crime in the first instance; and (e) the Defendant appears to have lived relatively in good faith until before he committed the instant crime; and (e) the Defendant was punished by a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Automobile Management Act in 204 and 209; and (e) there was no other criminal history other than the power to support the Defendant as a family member of the Defendant and his family members.

On the other hand, the crime of this case was committed by the Defendant’s act of 20 million won or more in cash by threatening the employees of the Defendant with a deadly weapon in excess of the excessive amount of money, which is a deadly weapon, by wearing cap and mast, etc. in advance to prevent the Defendant from being exposed to his identity. The crime of this case was committed by the Defendant’s act of 20 million won or more in light of the details and contents of the crime, the interview and interview of the manual, the degree and consequence of damage, the risk of the crime, and the social strike, etc.