특수강도
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 a period of four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was in a state of weak ability to discern things or make decisions under the influence of alcohol.
B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, the fact that the defendant was in a drunken state at the time of each of the crimes in this case is recognized.
However, in light of the developments leading up to the instant crime, the means and method of the instant crime, and the circumstances after the commission of the crime (at the time of the instant crime, even if two or more years have elapsed since the Defendant committed the instant crime, it is difficult to view that the Defendant had the weak ability to discern things or make decisions under the influence of alcohol at the time of each of the instant crimes.
Therefore, the defendant's above assertion is without merit.
B. As to the assertion of unfair sentencing, the crime of this case is deemed to have been committed by the Defendant pretended to be a customer with C along with the instant case, thereby taking property by assaulting and threatening the said business owner, etc., and the relevant crime cannot be deemed to be less than the liability in light of the method and circumstances of the crime.
However, the crime of this case led by C, who is an accomplice, and the defendant actively participated, and the defendant appears to have lived with the present wife and engaged in a certain occupation after committing the crime of this case, and has been living in good faith. The defendant is in a position to support his family, including his father and wife, and the defendant has an attitude to repent in depth and seriously reflect on his fault. Based on such attitude, the victims have agreed to pay compensation of 20 million won to the victims and have agreed to do so.