beta
(영문) 서울고등법원 2013.05.24 2013노943

특수강도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., imprisonment with labor for three years) is too unreasonable.

2. The fact that the defendant's mistake is recognized and repented, the defendant's work to be directed and frighted in the Dong, etc. in the Kim Farming farm for a considerable period of time, and the defendant committed the crime of this case in an economically difficult situation after working only on the wind that occurs in the city for a considerable period of time, and the defendant committed the crime of this case. The defendant did not have any other criminal power or criminal record except two juvenile protective disposition due to theft, etc. and one-time suspension of indictment, and the defendant would not commit any other crime in the same way as other criminal records or criminal records. The defendant is going to go through urban life in the future, go through an urban life, and will not commit again

On the other hand, the crime of this case is a situation unfavorable to the defendant, where the defendant carried a knife, carried with a lethal weapon, and forced the employees to take advantage of the convenience store or restaurant, and took money and valuables, which is highly dangerous to the method of crime, and the frequency of crime is four times for a short period from November 22, 2012 to December 4, 2012.

In addition, as a result of the defendant's age, character and conduct, environment, motive, means and method of committing the crime, circumstances after committing the crime, etc., various sentencing conditions as shown in the arguments in this case, and the general criteria for the sentencing guidelines of the Sentencing Commission, the special robbery [the scope of recommendation field] [the scope of recommendation field] three to six years [the scope of final sentence] [the scope of final sentence] [1/2 to 3 years of the upper limit of the 1 crime maximum 2 crime maximum] as a result of multiple increased crimes (1/3 of the upper limit of the 1 crime maximum 1 crime maximum 2 crime), it is not recognized that the sentence imposed by the court below is too excessive and unfair.

Therefore, the defendant's argument cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so ordered.