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(영문) 서울고등법원 2013.07.19 2013노1364
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one-year imprisonment) is too unreasonable in light of the fact that the defendant reflects his fault, etc.

2. The lower court sentenced the Defendant to four years, considering the circumstances favorable to the Defendant, including the confession of all of the instant crimes, and the fact that the amount of damage from each of the instant crimes is not large, as well as the fact that the Defendant committed the instant crimes again without being aware of the fact that the judgment became final and conclusive on October 29, 201, and that the Defendant committed the instant crimes again without being aware of the fact that he/she had been under the period of suspension of execution. Each of the instant crimes was committed by the Defendant, which threatened his/her employees with a deadly weapon for three times in order to force or withdraw cash, and that it was very significant to commit the instant crimes, and that the victims were deemed to have satisfyed considerable fear at the time of each of the instant crimes, and other circumstances, such as the Defendant’s age, character, conduct and environment, and other circumstances, such as the Defendant’s age, etc., at the time of the instant crimes.

In full view of all the factors of sentencing factors and sentencing considering the lower court’s sentencing criteria, it cannot be deemed that the lower court’s sentencing sentence, considering the sentencing criteria of the Supreme Court Sentencing Commission, is unreasonable compared to the degree of Defendant’s responsibility for action.

The defendant's above assertion is without merit.

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

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