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(영문) 대구고등법원 2013.07.18 2013노156
특수강도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the original court’s imprisonment (the imprisonment of three years and four years of suspended execution, probation, and community service of 160 hours) is too unhued and unreasonable;

2. In the instant crime, the Defendant’s excessive control over the victim’s resistance on the part of the part of the victim, and the Defendant forcibly taken one smartphone from the victim, and the nature of the instant crime is not very good.

In 2009, the defendant was sentenced to a suspended sentence of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

These circumstances are disadvantageous to the defendant.

However, the Defendant recognized the instant crime and opposed to his mistake.

Defendant has no previous convictions punished for the same kind of crime.

Before committing the instant crime, the Defendant had been receiving long-term medical treatment for alcohol use dependence, and seems to have been under the influence of alcohol at the time of committing the instant crime.

After the crime of this case was fully returned to the victim, and the defendant does not want the punishment of the defendant.

The defendant has been faithfully receiving mental treatment in the future, and has been continuously receiving mental treatment from the crime of this case to the present day.

The mother of the defendant, a punishment, and a person who wants to be a defendant's wife is clear and social ties.

These circumstances are favorable to the defendant.

In addition to this point, in full view of all the sentencing conditions and the range of recommended sentences according to the sentencing guidelines as shown in the arguments in this case, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too una

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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