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(영문) 대전고등법원 2015.09.11 2015노310

특수강도

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Unfair sentencing: The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

Judgment

In full view of the circumstances determined by the lower court (the instant crime was committed on the new wall by the Defendant’s convenience store where the victim works alone, threatening the victim, and forcibly taking property, and the nature of the crime is bad. The Defendant committed robbery in this case even during the period of suspension of execution. The Defendant committed robbery in this case even during the period of suspension of execution. The statutory punishment for the crime of special robbery committed by the Defendant is imprisonment with prison labor for life or for not less than five years, and the punishment for the crime of special robbery committed by the Defendant is imprisonment with prison labor for life or for not less than five years, and the sentence imposed by the lower court is deemed to be too heavy, comprehensively taking account of the circumstances revealed by the record, such as the fact that the sentence imposed by the Defendant constitutes the lowest sentence within the scope of the punishment mitigated.

The judgment of the court below shall not be deemed to have an unreasonable reason for the amount of punishment, as alleged in the grounds for appeal by the defendant or defense counsel.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.