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(영문) 서울고등법원 2017.03.28 2016노3253
특수강도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the three-year suspended sentence, the three-year suspended sentence, and the three-year probation observation) is too uneasy and unreasonable.

2. The conclusion that the Defendant: (a) stolen the fingers to commit the crime; (b) destroyed the cash withdrawal machine using the hand knife, which is a dangerous object; and (c) forcibly took custody of cash by threatening employees of convenience stores; and (d) committed special larceny and special robbery in a planned manner by, inter alia, planned crimes, such as preparing the criminal tools in advance and painting the place where the crime was committed; and (c) the victims of the crime of larceny and special robbery were punished against the Defendant. This is an unfavorable circumstance to the Defendant.

However, the fact that 2.50,000 won, which the defendant was demoted, was returned to the victim, that the victim did not want the punishment of the defendant by agreement with the victim of the attempted special larceny, and that the defendant is in profoundly against his mistake, and that there was no record of punishment for the crime prior to this case, is favorable to the defendant.

In full view of these circumstances, the Defendant’s age, sex, family environment, means and consequence of the crime, circumstances after the crime, and all other sentencing conditions indicated in the argument in this case, it is difficult to view that the lower court’s punishment against the Defendant is too uneasible and unfair to the extent that the lower court reversed the lower judgment.

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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