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(영문) 대전고등법원 (청주) 2014.10.23 2014노155
강도등
Text

The defendant's appeal is dismissed.

Reasons

1. The abstract of the grounds for appeal is unreasonable because the original court's punishment (the imprisonment for a maximum of two years, the short of one year and six months, and the fine of three hundred thousand won) is too large;

(In light of the fact that the defendant is a juvenile, a disposition to forward the case to the Juvenile Department is appropriate).

A. The lower court: (a) committed each of the instant offenses, even though the Defendant had been subject to juvenile protective disposition due to special larceny on around 2012, and again committed each of the instant offenses; (b) committed several of the instant offenses by force or taking money from victims; (c) committed several vehicles and precious metals in combination with D, E, etc. with heavy nature of such crimes; (d) interview and interview with the victim; (e) the amount of damage is reasonable; (g) driving a vehicle and stobba, etc. without a driver’s license; (c) did not reach an agreement with some victims; (d) did not reach an agreement with some victims; (e) did not recognize all of the victims; (e) recognized the Defendant’s mistake; (g) the Defendant was a juvenile under 18 years of age; (g) the family environment where the Defendant was unable to leave the suspicion of the crime; and (g) the mental disorder that the Defendant suffers; and (g) considered that all of the Defendant’s liability corresponding to the Defendant’s personal relationship was somewhat harsh; (g) the victim’s motive and circumstances in which were found to be mitigated of the victim’s punishment.

B. Comprehensively taking account of all the sentencing conditions revealed by the records of the instant case, the lower court’s sentence is too excessive given the circumstances cited in the grounds of appeal.

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