특수강도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
The seized evidence 2 (H number plate in front and rear) shall be installed.
1. Summary of grounds for appeal;
A. At the time of committing the special robbery in this case, the Defendant was in a state of mental and physical disability due to the rash disorder, and over-smoking, etc.
B. The lower court’s sentencing (three years of imprisonment) is too unreasonable.
2. Determination
A. According to the record of the determination of the claim of mental retardation, even though the defendant is deemed to have an anti-competitive disorder and a quasi-smoking disease, in light of the background leading to the crime, the means and method of the crime, and the circumstances after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions due to the above disease at the time of the crime of special robbery in this case.
B. The instant crime on the assertion of unfair sentencing is a case where the Defendant stolen another person’s car and number plate and operated by changing the number plate of the stolen passenger vehicle from another person. The Defendant intrudes another person’s residence at night, steals another person’s property, uses the stolen credit card, threatens employees of convenience stores using a deadly weapon on the said vehicle, and forcibly takes the cash on the safe of convenience stores after threatening employees of convenience stores.
However, in light of the fact that the defendant's mistake is seriously against himself, that the court below reached an agreement with the victim Q Q of the crime of special robbery of this case, and the rest victims have made best efforts to recover from damage. The defendant seems to have committed larceny and robbery in order to raise medical expenses and living expenses during about seven years ago, while the normal life of the defendant is difficult, while the defendant suffered from yellow disorder and hysium, it appears that the defendant committed the larceny and robbery; the damage caused by the larceny of this case seems to have been recovered to some extent; and the court below's sentencing is deemed to be undue, taking into account the health condition and all other conditions of sentencing.
3. Thus, the defendant's appeal is justified.