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(영문) 서울고등법원 2013.09.12 2013노2231
특수강도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The excessive one (No. 1), Makek, seized.

Reasons

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

2. The instant crime is a case where the Defendant took a deadly weapon into a community credit cooperative and forcibly took cash of 17,450,000 won by threatening its employees. Considering the fact that the Defendant committed the instant crime with a relatively small size of the crime, it is deemed that it is inevitable to impose a serious punishment corresponding to the relevant criminal liability, in consideration of the fact that the Defendant committed the instant crime, such as responding to the financial institution in which the security of the Defendant appears to be inappropriate, and preparing for Make, locks, excessive charges, etc. for the purpose of using it in the crime.

On the other hand, on the other hand, the Defendant’s first crime without any history of criminal punishment except for the suspension of indictment once by violence, etc. in 2007, and committed the instant crime with excessive debts, etc., but after the arrest immediately after the commission of the crime, all of the criminal acts were recognized, and the amount taken by force was confiscated and refunded in depth, and the Defendant deposited 4 million won as the victim’s compensation for damage with the victim’s community credit cooperatives as the depositee. In light of the various sentencing conditions shown in the instant argument, including the Defendant’s age, character and conduct, environment, motive, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, it is in accordance with Article 369 of the Criminal Procedure Act.

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