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(영문) 서울고등법원 2015.07.07 2015노1297
특수강도등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

There is no previous conviction or punishment exceeding the same criminal record or fine for the defendant, and the defendant recognized all of the crimes of this case and repented misjudgments in depth, and the defendant was in a situation where the distribution period has elapsed and the defendant was insufficient to obtain the food of the "waste" after taking advantage of convenience points around the above convenience points including convenience points on the day of the crime of the special robbery of this case, including the convenience points subject to the new wall robbery.

On the other hand, the crime of special robbery of this case is committed by threatening the business owner of convenience store with a deadly weapon and forcibly taking money into consideration the nature of the crime is very bad. The victim of the crime of special robbery of this case seems to have suffered a big physical and mental pain due to the crime of this case. However, the fact that the defendant did not receive a letter from the victim is disadvantageous to the defendant.

In full view of the above circumstances and other factors, including Defendant’s age, character and conduct, and environment, and the scope of sentencing guidelines established by the Supreme Court’s Sentencing Committee (three to six years of imprisonment) established by the Sentencing Committee, the lower court appears to have determined an appropriate sentence in consideration of all the above sentencing conditions and the scope of sentencing recommended by the lower court. However, it cannot be deemed that the sentence imposed by the lower court is too heavy or too unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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