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(영문) 대구고등법원 2013.09.12 2013노325

특수강도미수등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The Defendant acknowledges all of the crimes and repents his mistake.

The crime of special robbery in this case was attempted, and the degree of intimidation was not severe, and the victims do not want the punishment of the defendant.

The defendant seems to have committed the crime of this case for living.

The defendant is a person with a intellectual disability of the second degree.

These circumstances are favorable to the defendant.

On the other hand, the Defendant committed each of the instant crimes again as a repeated crime despite having been sentenced to a suspended sentence of one year for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) and a suspended sentence of two years for a special larceny in 2010, and six months for a special larceny in 2010.

The crime of this case is committed by the defendant using the excessive amount of a deadly weapon to threaten the victim, or to force the withdrawal of the money, and the nature of the crime is not weak.

These circumstances are disadvantageous to the defendant.

In addition, there is no special change in circumstances in the past.

In addition, in full view of the various circumstances that are the conditions of sentencing as shown in the instant pleadings, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, and the lower court’s sentence exceeding the lower limit of the recommended sentencing guidelines, it is not recognized that the lower court’s sentence is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.