beta
(영문) 서울고등법원 2019.02.13 2018노3364

특수강도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 months and 3 years for 2, 3, and 4 crimes as stated in the holding of the court below) which the court below rendered is too unreasonable.

2. The judgment of the accused recognizes all crimes and reflects them.

Some of the thiefs of this case were returned to the victim.

Among the crimes of this case, since the special larceny crime among the crimes of this case is in the relation of larceny and the concurrent crimes under the latter part of Article 37 of the Criminal Act with the judgment of the court below which became final and conclusive, the equity between the crimes

However, even though the defendant had had the history of criminal punishment several times due to the same crime, the thief in this case was committed, and in particular, in the case of the crime of using a deadly weapon, threatening another person's residence and forcibly taking money and valuables into account at night, the nature of the crime is very bad.

The damage of each of the instant crimes was most unrepared.

In light of these circumstances, the lower court’s sentence is the lowest sentence of recommendations given by the applicable sentences or sentencing guidelines under the law, and all of the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, occupation, environment, family relationship, motive, means and consequence of the crime, etc., it is difficult to view that the sentence imposed by the lower court is too unreasonable.

Defendant’s assertion cannot be accepted.

3. The defendant's appeal is dismissed on the ground that it is without merit.

참조조문