성폭력범죄의처벌등에관한특례법위반(특수강도강간)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was in a state of mental and physical disability by drinking at the time of committing the instant act of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery) and injury by robbery. 2) The lower court’s sentence of unfair sentencing (nine years of imprisonment) is too unreasonable.
3 There is a special reason to exempt the accused from the disclosure disclosure disclosure order.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s claim of mental disability, in full view of the following circumstances: (a) the process and means of each of the above crimes; (b) the act of the Defendant, who appears before and after the crime; and (c) the investigation agency and the court of the original instance and the court of the trial, it is not recognized that the Defendant had weak ability to discern things
This part of the defendant's assertion is without merit.
B. As to the assertion of unfair sentencing by the prosecutor and the defendant, all of the crimes of this case are recognized and erroneous, and the fact that the defendant has no record of sex offense is favorable to the defendant.
Defendant committed robbery against women who are singinging operators in collaboration with D and inflicted injury on them during the course of committing robbery. The Defendant committed repeatedly a crime of repeatedly committing robbery by using a card lost by another person or not paying the price, and even if the victim of the robbery suffered a great physical or mental pain during the robbery, etc., which is disadvantageous to the Defendant, even though the nature of the crime is very bad, and the Defendant had been sentenced several times of punishment due to fraud, etc., and the Defendant was unable to take any measures to recover damage.
The above circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, after the crime is committed.