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(영문) 서울고등법원 (춘천) 2014.12.17 2014노165
특수강도등
Text

All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below (the 4 years of imprisonment with prison labor for the crime No. 1 and the 3 years of imprisonment with prison labor for the crime No. 3 of the decision) is too unreasonable.

B. Defendant A (1) There was no fact that the Defendant attempted to rape the victim.

(2) The sentence imposed by the lower court (five years of imprisonment) is too unreasonable.

C. The Prosecutor (the Defendant A)’s sentence imposed by the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding Defendant A’s assertion of misunderstanding of facts, it can be sufficiently recognized that Defendant A attempted to rape the victim.

B. Considering the favorable circumstances, such as the fact that the prosecutor and the defendant agreed with the victim during the trial on the assertion of unfair sentencing, that there was no record of punishment for the same or similar crime, that there was no record of being sentenced to imprisonment, and that there was no record of being sentenced to imprisonment, the victim received considerable mental impulse due to the instant crime, and that the defendant denies the Defendant’s mistake, and other unfavorable circumstances, such as age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions of sentencing indicated in the record, are considered, it cannot be deemed that the sentence imposed by the court below is too somewhat somewhat less or less difficult to escape the Defendant from destruction.

C. Although Defendant B’s assertion is against the wrongness of the Defendant, the lower court did not agree with the victim of the crime of this case again during the period of repeated crime even though there was a history of having been punished several times for narcotics crimes, taking into account various circumstances, such as age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing indicated in the record, such as the circumstances after the crime.

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