(영문) 부산고등법원 2017.05.31 2017노150 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2017.05.31 2017노150

강도등

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The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years and six months of imprisonment, three years of suspended execution, etc.) on the summary of the grounds of appeal is too unfased and unreasonable.

2. The Defendant prepared murder, such as taking a deadly weapon for murdering the victim D and E, carrying a deadly weapon.

The crime of murder preparation and robbery committed by the Defendant is also a serious crime. The crime of murder preparation and robbery committed by the Defendant is committed in a short period of time. The crime of robbery and robbery is committed by the Defendant.

Until the first instance, it was not agreed with the victims of the preliminary crime of murder.

However, the Defendant did not have any history of punishment exceeding a fine for a considerable period of time before the instant crime was committed after being sentenced to suspended sentence due to driving under drinking in 2004, and was recognized as all of the crimes, and was in depth against the mistake.

The victims of the murder preliminary crime did not have any actual harm, the amount of damage caused by the theft and robbery is not much significant, and the degree of injury inflicted on the victim T was not much serious.

The defendant, except the victims of the preliminary crime of murder, has recovered from the harm of the victims, and agreed that both the victims and the victims have agreed to punish the defendant.

In full view of all the sentencing conditions in the records and arguments, including the fact that the defendant was receiving medical treatment as a mental illness, the defendant's punishment as a result of leading and treating the defendant, and the defendant's punishment as leading and treating the defendant, as well as all the sentencing conditions in the records and arguments, the sentence imposed by the court below cannot be deemed to be unfair because the sentence imposed by the court below is too uneasible.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

유사 판례

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-수원지방법원 2017.01.13 2016노7266

-부산고등법원 2015.08.12 2015노362

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