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(영문) 서울고등법원 2014.12.18 2014노2848
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (five years of imprisonment and of confiscation) is too unreasonable.

2. The judgment of the court below is against the defendant's recognition of the crime, but the crime of this case is committed by taking advantage of a deadly weapon prepared in advance to take advantage of the convenience store or to prepare for such crime, and the defendant has a heavy liability for the crime. The defendant has been sentenced to a specific violent crime and has committed the crime of this case during the period of repeated crime. Even if mitigation is conducted, the defendant has committed the crime of this case during the period of repeated crime. In full view of the fact that the lowest punishment that can be sentenced to the defendant is five years of imprisonment, and other circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc., the court below's punishment cannot be deemed to be unfair, and the defendant's 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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