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(영문) 부산고등법원 2015.04.22 2014노767

특수강도등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is that the defendant led to the confession of the crime of this case and reflects his mistake, and the victims of the larceny Nos. 1 and 2 of the judgment of the court below are not punished against the defendant. Paragraph 3 of the judgment of the court below.

B. Some of the money and valuables damaged by the crime of special robbery were confiscated and returned to the victim; the Defendant appears to have committed the instant crime in order to raise living expenses in the economically poor condition; and the Defendant’s only mother, the only family member of the Defendant, was hospitalized in the patient room in the hospital from August 201 to August 201, etc., may be considered favorable to the Defendant.

However, the crime of special robbery of this case was committed by forceing the victims to money after leaving the knife, which is a deadly weapon prepared by the defendant in advance two times, preventing the victims from resisting the victim. It was very poor in the quality of the crime since the interview under the Act on the Acceptance of Crimes and the considerable amount of damage was not sufficient. The defendant not only had the record of being sentenced to the suspension of indictment on the larceny crime in 2011, but also emergency arrest on February 27, 2014 as the crime under Articles 5 through 8 (In Busan District Court 2014Da599) of the decision of the court below (In Busan District Court 2014Dahap232, the court dismissed the request for detention warrant and released the following day. Thus, since there was a need to punish the defendant more strictly, taking account of the fact that there was no other means and attitude of the crime of this case, the degree of damage to the defendant's family relation, the sentencing guidelines of the court below's sentencing and the result of the sentencing of this case, etc.