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(영문) 광주고등법원 (전주) 2020.03.20 2019노274
준강도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment of the defendant recognized each of the crimes of this case and reflects the fact that the defendant was in a state of mental disability at the time of each of the crimes of this case as a person with intellectual disability, the victim F of the larceny does not want the punishment of the defendant, and the fact that the quasi-Robbery is in an attempted crime is favorable to the defendant.

On the other hand, on August 24, 2018, the defendant was sentenced to larceny, four months of imprisonment due to attempted theft, intrusion upon residence, and two years of suspended execution in the military support of the Jeonju District Court on the other hand, and the above sentence becomes final and conclusive around that time. The defendant committed each of the crimes of this case again during the period of suspended execution, and the fact that the defendant did not receive suspicion from victims C and D is disadvantageous to the defendant.

As above, considering comprehensively taking into account the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and consequence, as well as the circumstances favorable to the Defendant, and in addition to the fact that no particular change of circumstances is found in relation to the sentencing conditions after the sentence of the lower judgment, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that it is deemed that the sentence imposed by the Defendant exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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