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(영문) 대전고등법원 2014.12.05 2014노437

특수강도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (three years of imprisonment, four years of suspended execution) against Defendant B is too unhued and unreasonable.

B. The lower court’s sentencing (two years and six months of imprisonment, and three years of suspended execution) is deemed too unhutiled and unreasonable.

2. The instant crime of determining unfair sentencing with respect to Defendant B is a case in which the Defendant, in collusion with C and A, deceiving victims of the gift certificates as if they were genuine gift certificates, by deceiving them, and forcibly taking money from the victim K by combining C, and the Defendant’s leading role in the instant crime is not good.

However, in full view of all the circumstances, including the accused’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the sentencing guidelines set forth by the Sentencing Committee and the sentencing suspended by the lower court cannot be deemed unfair, considering the following factors: (a) the accused made a confession of the instant fraud, and the Defendant was able to recover from damage by making all possible efforts, such as making deposits for two victims who did not have any agreement, or making donations to social organizations, because his personal information cannot be known; (b) the accused was the first offender who has no record of criminal punishment; (c) the accused was detained for more than five months; and (d) the accused’s age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the crime; and (e) all other circumstances on the condition of sentencing, such as the circumstances after the crime, etc., the lower court’s sentencing suspended by setting the principal sentence within the scope of imprisonment (from June 2 to May 3) for the sentencing guidelines set by the Sentencing Committee.

3. The instant crime of determining unfair sentencing with regard to Defendant C is an act of deceiving victims as if the Defendant conspireds with B and A, thereby deceiving them, and forcibly taking money from Defendant K by combining B, and the nature of the crime is good.