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(영문) 부산고등법원 (창원) 2014.03.26 2013노415
준특수강도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination is recognized as a favorable sentencing factor, such as the fact that the defendant is against the crime of this case, the victim was found to have recovered the damaged goods and was not at the location of the injury due to the crime of this case.

However, the defendant has been sentenced 10 times to imprisonment with prison labor due to the same crime, etc., and two times as suspended execution. In particular, the defendant was sentenced to imprisonment with prison labor for 4 years and 10 months for the crime, such as "the accomplice who is in charge of winding (the accomplice in charge of the winding shall divide the victim's attention and cutting the shoulder worn on the part of the victim by using niferer or any other tool to do fishing, etc.)". On June 16, 2004, Busan High Court sentenced the defendant to take part in his role with the accomplice in the victim's possession, and added him to the police officer dispatched in the process, for the purpose of evading arrest, the defendant was sentenced to imprisonment with prison labor for 0 months and 10 months for the crime, such as robbery and injury to him, and the defendant and the accomplice who took part in the defendant's exercise of the right to take part in the market price of 10 months prior to the death and injury on the highway."

The above sentencing elements and the defendant's age, character and conduct, intelligence and environment, family relationship, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, etc. are discussed.

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