(영문) 서울고등법원 2013.06.13 2013노1063 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2013.06.13 2013노1063

특수강도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three years of imprisonment, confiscation) is too unreasonable.

2. In view of the fact that the Defendant’s crime of this case committed the instant crime at the convenience store where a female employee is married with the new wall, and led the Defendant to take property by posing a deadly weapon, and thereby, the nature of the crime is not good, and the Defendant appears to have made a little fear of fear at the time, there is a need for strict punishment against the Defendant.

However, the court below's decision is unfair, considering the following as a whole: (a) the Defendant committed a crime of this case, which was urgent when she was able to suffer from mental shock due to the suicide of the Plaintiff, and was frightened, while she was frightening due to her mental shock; (b) the Defendant committed a crime of this case; (c) the Defendant's mother's health condition is not good; (d) his family members are faced with the economic difficulties after her father's death; (d) the Defendant expressed her intention that she was able to use and have no want to punish her; (e) the Defendant is divided into her wrong acts; (e) the Defendant overcome the wrong acts of the Green Do; (e) is able to lead a new life together with her family members; (e) the Defendant was able to have interest and protection; and (e) the Defendant complained of a preemptive action other than the Defendant subject to criminal punishment; and (e) the Defendant's age, character and conduct, circumstances of this case, and circumstances after the crime.

Therefore, the defendant's argument is justified.

3. In conclusion, the defendant's appeal is reasonable, and the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts and the summary of evidence recognized by this court are all stated in the corresponding column of the original judgment.

참조조문

-형사소송법 제364조 제6항

유사 판례

-광주고등법원 (전주) 2018.09.18 2018노103

-전주지방법원 2014.07.02 2014노514

-대전지방법원 2019.11.14 2019노2741

-제주지방법원 2015.03.26 2015노37

-대전지방법원 2013.01.17 2012노2629