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(영문) 서울고등법원 2013.06.27 2013노1538
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination is an element of sentencing favorable to the defendant, such as the fact that the defendant still is a young person of the 20th first half of the year and is against his will in depth and reflects his mistake, that the damage caused by the crime of this case is not large, that part of the victim did not want the punishment of the defendant, and that the thief was returned to the victim.

On the other hand, the crime of this case was committed by the defendant, along with B, by taking money from the victims of drinking bage who had been punished for the same kind of crime, after having them gain food from the victim's house, and then stolen money. The crime of this case was committed again during the period of the previous repeated crime, by taking account of the fact that in PC and soup, the other person's property is stolen and that it is not good that the crime is committed. In particular, there is a high possibility of criticism that most victims may be punished against the defendants, and most victims were punished for the same kind of crime. In particular, the defendant was punished for the same crime as in B in 2009, in consideration of the fact that the defendant again committed the crime of this case during the period of the previous repeated crime, the fact that the defendant's property is stolen and stolen, and that it is not reasonable and unfair to take into account the circumstances, circumstances, personality and behavior of this case, the circumstances, and circumstances of the defendant's occupation and behavior, etc.

Therefore, 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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