logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.04.01 2015노3531
특수강도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. There are circumstances that can be considered in light of the circumstances, such as: (a) the Defendant was unable to engage in economic difficulties while having physical disability in the 6th degree spinal disability; (b) the Defendant was forced to refrain from committing the instant crime; (c) the Defendant’s strong amount of money was forced; (d) the Defendant voluntarily surrenders himself/herself; and (e) the Defendant was able to completely repent his/her wrong amount; and (e) there was no other criminal history except the suspended sentence in 2011.

However, the crime of this case, where the defendant prepared for excessive preparation, entered a convenience store where women are married, and forcibly taken cash by threatening them, is likely to cause the result of life-sustaining, which is highly dangerous, and the defendant's previous conviction also uses a deadly weapon, and the victim appears to have suffered considerable mental shock due to the crime of this case, but the defendant does not take any measures to recover from damage to the victim. In addition, considering the defendant's age, sexual behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., all of the sentencing conditions in the records and arguments of this case, such as punishment imposed by the court below is too unreasonable. Thus, the defendant's above assertion by the defendant is without merit.

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

arrow