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(영문) 광주고등법원 2018.07.05 2018노102
특수강도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the unfair argument of sentencing by both parties, and the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new sentencing data, and there is no change in the conditions of sentencing compared to the lower court.

In addition, the crime of this case was committed at night by force of KRW 7,80,00,00 in cash, after the defendant had a convenience store, threatened the victim E with a deadly weapon at night, and the nature of the crime was extremely poor, and the damage to the victim was not completely restored, etc., and thus, the crime of this case was committed against the defendant, and there was no direct violent exercise against the victim E's body, most of the cash taken by the defendant was returned to the victim, and the defendant did not have any record of criminal punishment in the Republic of Korea, as well as the circumstances favorable to the defendant, such as the fact that the court below's punishment exceeded the reasonable scope of discretion, taking into account the following circumstances:

shall not be deemed to exist.

We do not accept the argument of the defendant and the prosecutor that the court below's sentencing is unfair.

2. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed on the grounds of merit.

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