(영문) 서울고등법원 2018.09.21 2018노1768 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.09.21 2018노1768

특수강도등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (unfair sentencing) is too unreasonable because it is too unreasonable for the Defendant (two years and six months of imprisonment) to be sentenced.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. The lower court: (a) considered the following facts: (b) the Defendant committed each of the instant crimes under unfavorable circumstances; (c) the Defendant committed robbery by impairing the structure and residence of the Defendant; (d) the Defendant committed robbery with a lethal weapon at the convenience store where he/she works as a married victim at the new wall time; and (c) the Defendant was sentenced to imprisonment with prison labor for six months due to night residence intrusion larceny at the Seoul Central District Court on February 8, 2017; and (d) two years of suspended execution as of February 16, 2017; (b) the Defendant again committed each of the instant crimes without being aware of the fact that he/she was under suspended execution as of February 16, 2017; and (c) the Defendant did not take any measures to recover damage to each of the larceny victims; (b) in favorable circumstances, the Defendant did not seem to have planned to commit the instant crime; and (d) the Defendant did not want to have been punished for return to the victim by agreement between the Defendant and the victim.

The sentencing of the lower court seems to have been conducted within the reasonable scope of discretion by fully taking into account the above various circumstances.

The circumstances alleged by the Defendant and the Prosecutor on the grounds of the illegality of sentencing have already been fully considered in the process of determining the sentence as above, and there is no other special change in circumstances that could change the sentencing of the lower court.

All the arguments of the defendant and the prosecutor are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are in accordance with Article 364(4) of the Criminal Procedure Act.

유사 판례

-서울고등법원 2018.08.10 2018노1335

-부산지방법원 2017.06.23 2017노1386

-수원지방법원 2018.02.22 2017노8830

-대구지방법원 2016.08.10 2016노2183

-서울북부지방법원 2016.07.22 2016노1007