logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2015.01.16 2014노532
특수강도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (four years of suspended execution for three years of imprisonment) is deemed to be too unhued and unfair.

2. The prosecutor’s assertion that the crime of this case requires strict punishment for the defendant in light of the fact that many persons committed the crime by carrying a deadly weapon, etc. in a planned manner and the nature of the crime is not good, and that the defendant planned the crime throughout the entire process and directed the execution of the crime.

However, in light of all the reasons for sentencing, such as the fact that the defendant led to the confession of the crime of this case, the amount of damage is not so significant, the defendant planned the crime of this case upon the request from D, the victims do not want the punishment of the defendant, the victims do not have any previous conviction heavier than the fine, and the defendant has an opportunity of reflect while being detained for a considerable period of time in the original trial, etc., the sentencing of the lower court is too unjustifiable enough to reverse it. It is difficult to view that the sentencing of the lower court is unreasonable.

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

arrow