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(영문) 대구고등법원 2013.07.11 2013노221

특수강도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of the original court (two years of imprisonment with prison labor for a maximum term, one year and six months) is too unreasonable;

2. Determination is a normal situation favorable to the Defendant, such as the fact that the Defendant recognized all of his/her criminal acts, thereby contravening the error, the amount of damage was not so significant and was committed a single-time crime, and agreed with the victim G and S, the victims and the mother of the Defendant wanting to take the Defendant’s wife, and the Defendant is still a juvenile under the age of 17.

On the other hand, there are records that the defendant had already been subject to juvenile protective disposition (including three times juvenile protective disposition) due to special larceny, etc., and each of the crimes of this case was committed by the defendant directly by the defendant, or by inducing special robbery against the accomplice who is more than the defendant, and the method of crime is very dangerous to the defendant.

In addition to this point, considering the various circumstances that are the conditions for sentencing as shown in the pleadings of this case, such as the age, character and conduct, intelligence and environment of the defendant, motive of the crime, and circumstances after the crime, it is not recognized that the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.