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(영문) 서울고등법원 2014.06.27 2014노1059

특수강도미수

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the two-year imprisonment) by the court below against the defendant is too unreasonable.

2. The judgment on the grounds of appeal is the circumstances favorable to the defendant that the defendant did not have the same kind of crime, and committed the instant crime in an economically difficult situation.

However, the crime of this case is not unfair because the defendant committed the crime of this case closely considering the following factors: (a) the defendant committed the crime of this case by threatening the victim by threateninging the victim, who is a deadly weapon, with the main point where the female is mixed with the new wall; and (b) the defendant committed the crime of this case by preparing in advance the excessive amount necessary for the crime; (c) the victim is punished against the defendant; and (d) the defendant's age, character, conduct, occupation, environment, and conditions after the crime, etc., such as the defendant's age, character, and behavior, occupation, environment, etc.

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 decided as per Disposition.