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(영문) 서울고등법원 2018.05.03 2018노518
준강도
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant, a mentally and physically weak, was in a state of mental and physical weakness.

B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the argument of mental and physical weakness, the defendant's drinking at the time of the crime of this case is acknowledged.

However, in light of the following: (a) the Defendant, at the time of the instant crime being investigated by an investigative agency, has a weak ability to discern things or make decisions at the time of the instant crime; (b) the motive and background leading up to the instant crime; (c) the date, time, and place of the crime; (d) the scene at the time of the crime; and (e) the disposal of stolen goods; and (e)

It is difficult to see it.

This part of the defendant's assertion is without merit.

B. The instant crime of determining the illegality of sentencing is not likely to be committed with the intent of committing the instant crime by intrusion upon another person’s residence at night, theft of property, and evasion of arrest in the process.

The defendant has been sentenced to a concurrent punishment for the same kind of crime, and committed the crime of this case during the period of repeated crime.

However, there are circumstances that can be considered favorable to the defendant, such as the fact that the defendant plans to make a confession and reflect all the crimes of this case, and the crime of this case appears to have committed contingent acts under the influence of alcohol on August 14, 2017, which is the day before the end of the period of repeated crime, which is the day before the end of the period of repeated crime, and that it does not directly exercise the victim's tangible power, the victim's damage does not have been completely recovered, and in particular, the victim submitted a written agreement to the court to the effect that the defendant does not want the punishment of the defendant.

It is together with such various circumstances.

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