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(영문) 서울고등법원 2017.02.07 2016노3641
특수강도미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment, and four years of conditional suspension of execution of community service) is too unfased and unreasonable.

2. The lower court, in light of the background, means, and patterns of the instant crime, determined the punishment by considering the following circumstances: (a) the Defendant recognized all the instant crime and divided his mistake; (b) there was no property or physical damage to the victim; and (c) the Defendant had no record of having been punished for the same type of crime before, and there was no record of the instant crime committed after the judgment, and (d) there was ex post concurrent crimes with the crime for which the judgment became final and conclusive.

The lower court’s determination on sentencing appears to have been made within the reasonable scope of discretion by taking into account all the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, motive and background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime. Even according to the victim’s statement to investigation agencies, the Defendant’s act of committing the crime was committed or the body part was not sufficient, and thus, the degree of the type of the Defendant’s exercise of the right is deemed to be weak. In so doing, the lower court’s sentence cannot be deemed to have been deemed to be unfair

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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