(영문) 대구고등법원 2020.01.29 2019노532 | 리걸엔진

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줄 간격

자간(%)

(영문) 대구고등법원 2020.01.29 2019노532

강도상해등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of three years and six months;

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. The instant crime was committed by the Defendant, while driving a vehicle without a driver’s license, detained a female female victim on the road in the front of the vehicle, and sustained the victim’s injury in the course of taking property by saving the victim who escaped out of the vehicle and taking the property into custody. The criminal liability is heavy in light of the method and content of the relevant crime.

The victim seems to have caused considerable fear and physical and mental pain due to the Defendant’s above crime.

Furthermore, the defendant has already been subject to criminal punishment several times, and the defendant has not been aware of being sentenced to a suspended sentence of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on November 1, 2018, and has committed the crime of this case during the suspended sentence.

On the other hand, the Defendant recognized all of the crimes, and reflects the mistake in depth.

The degree of injury suffered by the victim due to the defendant's robbery injury crime is not very serious, but some of the goods taken by the defendant was returned to the victim.

The defendant submitted to this court a written agreement in the name of the victim stating that the victim does not want the punishment of the defendant, and even the defendant's wife wanted to have the right against the defendant.

In full view of all circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, it is deemed that the sentence imposed by the lower court is somewhat unreasonable compared to its liability.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the defendant's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형사소송법 제364조 제6항

유사 판례

-대구고등법원 2019.01.09 2018노364

-수원고등법원 2020.01.16 2019노487

-전주지방법원 2015.05.01 2015노182

-대구고등법원 2019.12.18 2019노464

-대구고등법원 2019.05.29 2018노552