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(영문) 부산고등법원 2019.10.17 2019노363
준강도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The lower court, based on the judgment, steals money from the convenience store where the Defendant 20 female female victims work together at a time beyond 20 hours of self-determination.

When the victim was discovered of the victim, it is difficult to evaluate that the degree of assault or intimidation exercised in the course of evading arrest is significant, taking into account the following circumstances: (a) the victim’s intimidation, assault, and assault were not easy to arrest; (b) the Defendant had been punished several times of larceny crimes; (c) the Defendant had been sentenced to punishment several times of larceny crimes; (d) one year of imprisonment with prison labor for the crime of robbery; and (e) the Defendant committed the crime of this case; and (e) the Defendant committed the crime of this case again during the period of repeated crime after the completion of the sentence; and (e) the Defendant appears to have committed the crime of this case; (b) it is difficult to evaluate that the degree of assault or intimidation exercised in the course of evading arrest is significant; (c) the convenience store owner and the victim want to agree with the victim; and (d) the Defendant appears to have tried to live in good faith as well as to endeavor to live in the logistics center, etc. at the time of the crime of this case after release.

In addition, considering the defendant's age, character and conduct, occupation, family relationship, criminal records, means and result of the crime, various conditions of sentencing such as the defendant's age, character and conduct, family relation, criminal records, and circumstances after the crime, the court below seems to have determined a sentence after discretionary mitigation, taking full account of various circumstances about sentencing, including the defendant's act of committing the crime of this case, in particular, under the circumstance that the defendant was committed with a considerable amount of alcohol, and determined a sentence after discretionary mitigation. The defendant submitted a statement of objections at the trial and submitted it to the victim and others around the defendant including the victim.

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