(영문) 대구고등법원 2014.10.08 2014노228 | 리걸엔진

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(영문) 대구고등법원 2014.10.08 2014노228

특수강도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Judgment on the Grounds for Appeal

1. Summary of grounds for appeal;

A. The punishment (two years and six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. We also examine the Defendant and the Prosecutor’s assertion of unreasonable sentencing.

In light of the fact that the defendant committed robbery in collaboration with C, while carrying a deadly weapon against the defendant, and committed robbery, it is very poor that the crime and the circumstances are committed by additionally committing fraud using a strong credit card, and that the defendant received juvenile protective disposition on November 26, 2010, including that the defendant received a majority of juvenile protective disposition due to the same kind of crime (the crime of larceny and attack) for a short period of time, even though he did not agree with the victims, as well as that he did not implement any specific measures for the recovery of damage, the criminal liability of the defendant is not easy.

However, in full view of the following: (a) the Defendant has yet made a confession of all of the crimes of this case; (b) the Defendant appears to have made a false confession through a prison life of approximately ten months; (c) the total amount of damage to each of the crimes of this case is not less than KRW 3.7 million; (d) there is no record of criminal punishment other than juvenile protective disposition; (e) the equity of punishment with C, an accomplice of each of the crimes except the larceny in the judgment; and (e) other various sentencing conditions, including the Defendant’s age, intelligence, character and behavior, character and environment, family relationship, motive and circumstance of the crime; and (e) the sentence imposed by the lower court is too unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is without merit, and the defendant's argument of unfair sentencing is accepted.

3. If so, the defendant's appeal is justified.

유사 판례

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