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(영문) 부산고등법원 2018.02.07 2017노682
특수강도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five years of imprisonment, confiscation) is too heavy or is deemed unreasonable.

2. The Defendant was sentenced to a suspended sentence of three years on the grounds of a crime of special robbery in 199 and a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 199, and was sentenced to a prison term on several occasions due to a multiple larceny crimes in 2008, and was sentenced to a heavy imprisonment of seven years for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (special robbery, rape, etc.).

Nevertheless, the Defendant again committed the instant crime even before one year has elapsed since the completion of the final sentence.

It appears that it was a crime committed with deadly weapons in advance and planned, and it was also identified with the entrance door password for the purpose of reporting prevention, etc.

The shock and fear of elderly victims experienced in the course of committing the crime is difficult to win, and there is a fear of retaliation in the present.

In light of the Defendant’s criminal history, motive, background, and content of the crime, and the consequences of the crime, the lower court’s punishment is too weak as the Prosecutor asserts.

There is no room to see.

However, in light of the fact that the defendant shows an attitude of opposing the defendant's mistake by recognizing the crime, there is no new change in circumstances that could change the sentence of the court below in the trial at the court of original instance, and in light of all the sentencing conditions under Article 51 of the Criminal Act and the scope of the recommended punishment according to the sentencing guidelines as stated in the arguments at the court of original instance and the party deliberation, it is reasonable to maintain the sentence of the court below in a manner that respects the sentencing of the court below in a manner that respects the sentencing of the court below.

The decision is judged.

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

3. The appeal by the Defendant and the prosecutor against the conclusion is groundless.

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