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(영문) 서울고등법원 2016.04.21 2015노3555
특수강도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years of imprisonment, confiscation) on the summary of the reasons for appeal is too unreasonable.

2. The Defendant took 2.3 million won in cash by threatening the post office employees with a deadly weapon.

The circumstances are favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the fact that the defendant returned 19 million won to the victim post office, and the fact that there is no other criminal records committed in the Republic of Korea.

However, the fact that the defendant committed the crime of this case in a planned manner, such as preparing deadly weapons, ozones, and hexathics in advance, and that the post office, which is a financial institution, also used a deadly weapon in the morning during business hours and took the cash by threatening its employees, and the fact that the method of committing the crime was very interview and interview is disadvantageous to the defendant.

The lower court determined the sentence (three years of imprisonment) by escaping from the lower limit of the sentencing criteria set by the Supreme Court’s sentencing committee (five to eight years of imprisonment), taking into account all such circumstances as the Defendant’s age, character and conduct, relationship to victims, motive, means and consequence of the crime, and circumstances after the crime.

The above sentencing of the court below is due, although it was agreed with the victims in the trial, it cannot be deemed unfair because the sentence of the court below is too unreasonable, considering the fact that the scope of recommended sentencing guidelines is three to six years, even if it was reflected in the above sentencing guidelines.

Therefore, the defendant does not accept the defendant's unfair argument.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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