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(영문) 서울고등법원 2013.06.21 2013노1385
특수강도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The punishment of the lower court (three years of imprisonment) is too large and unreasonable;

(b)the above sentence is too unfeasible to the defendant.

(Public Prosecutor) 2. Determination

A. The Defendant, together with B, stolen cosmetics exceeding KRW 80,000,000, which were placed in the logistics center where B had been on the duty of security guards, and stolen two of the NAS car parked alone in the underground parking lot. The Defendant used a knife knife knife (19.5cm in the knife length) that was prepared in advance and took advantage of the convenience store, and forcibly took money and valuables equivalent to KRW 410,00,000 by threatening employees.

In light of the specific contents of the entire crime and the amount of damage, the quality of the defendant is very serious.

In particular, in the case of a special robbery, the method of planned and mobilized for the commission of the crime is professional, and the degree of illegality of the act is insignificant, and there was no agreement between the victim and the victim.

B. However, in the case of a special larceny crime, it appears that he participated in the crime according to B’s solicitation, and the fact that it is difficult to see that the Defendant led the overall crime, and that part of the stolen object was recovered and returned to the damaged company should be considered.

In addition, it is difficult to deem that the lower court’s sentence against the Defendant is too heavy or unreasonable compared to the extent of the Defendant’s responsibility, in light of the following factors: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the offense; and (b) all of the sentencing conditions in the instant case, including the Defendant’s age, character and conduct; (c) the motive, means and consequence of the offense; and (d) the application of sentencing guidelines by the Supreme Court Sentencing Committee.

C. Therefore, the defendant and prosecutor’s argument of unreasonable sentencing is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.

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