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부산고등법원 2015.09.23 2015노280

특수강도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for 4 years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. It is unfair that the sentence of imprisonment (two years and six months, etc.) imposed by the lower court on the Defendant by the prosecutor is too unfunied.

B. Defendant 1) At the time of committing the instant crime with mental disability, the Defendant was in a state of lacking the ability to discern things or make decisions due to the prosecution and the pain. 2) The sentence imposed by the lower court on the Defendant with respect to an unreasonable sentencing is too unreasonable.

2. Determination

A. In light of the circumstances such as the background and means of the instant crime, the Defendant’s act before and after the instant crime was committed, the lower court did not have the ability to discern things or make decisions at the time of the instant crime.

It does not seem that there was or was a weak state.

Therefore, we cannot accept this part of the defendant's assertion.

B. The instant crime committed by the public prosecutor and the Defendant’s assertion of unreasonable sentencing is serious in light of the following: (a) the act of taking money and valuables by threatening female employees working at convenience stores at night with a deadly weapon; and (b) the same type of crime was dangerous and committed three times in a short period; and (c) each of the instant crimes appears to have led to fear of considerable fear as well as property damage.

However, the fact that the defendant recognized all of the crimes of this case, there is no history of criminal punishment, and that there is no history of criminal punishment, and that the defendant was committed suicide due to economic difficulties, and that he was unable to find the work-based job paralysis in the human resources market due to the fact that he was unable to find it in the human resources market, and that he was likely to lead to each of the crimes of this case. The fact that the defendant was agreed with the victims at the trial, the age, character and behavior, environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime.