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(영문) 서울고등법원 2018.10.24 2018노1799
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the Defendant, the lower court determined that each of the instant crimes was committed in order to raise living expenses in difficult circumstances, and the amount of damage is relatively small, in the case of a special robbery, the victim’s physical damage was not placed and the money taken by force was entirely returned due to the victim’s failure to commit violence, and on October 28, 2017, in the case of a self-thief crime committed on the part of October 28, 2017, the stolen object was returned to the victim and the victim’s wife was returned, and the Defendant led to the confession of the crime and reflects his/her mistake. On the other hand, the Defendant committed each of the instant crimes repeatedly during the repeated offense period after he/she was sentenced to imprisonment with prison labor due to special larceny and fraud. In particular, the special robbery committed by the Defendant by force by threatening the victim, and all of the victims of larceny were punished against the Defendant.

In light of the fact that there is no special change in circumstances that can assess the sentencing conditions of the court below differently in the appellate court while favorable or unfavorable circumstances to the defendant, the sentencing of the court below cannot be deemed unfair because the sentencing of the court below is too large.

Therefore, the defendant's above assertion is without merit.

3. The defendant's appeal is dismissed on the ground that it is without merit.

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