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(영문) 광주고등법원 (전주) 2013.07.26 2013노133
특수강도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the original court’s punishment (two years and six months of imprisonment, three years of suspended execution, and one hundred and sixty hours of social service) is too uneased and unreasonable;

2. The crime of this case is determined by the Defendant’s act of taking cash and cellular phone by threatening the employees of the convenience store, which is a deadly weapon, into the night, and the quality of the crime cannot be deemed to be negligible in light of the method of crime, etc.

However, in a relatively small amount of goods taken by the Defendant’s force, the agreement with the victim H, who is the owner of convenience store business, wants the said victim to leave the Defendant and deposit a considerable amount of money with the victim F. Pursuant to the fact that mobile phone, which is the damaged goods, was recovered, the crime of this case was committed in order to escape from the difficult condition of the Defendant, and there appears to be circumstances to be considered in the motive for the crime. The Defendant did not have any other criminal power as well as being suspended one time from indictment on August 3, 201 due to the charge of larceny on the charge of larceny, and the Defendant did not have any other criminal power, taking into account the following circumstances: the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair.

The prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, the reasoning of the judgment of the court below is clear that the "victim D" in Part 1 of Part II of the Criminal Facts Act and "victim D" in Part 3 of Part III of the Reasons for Punishment is a clerical error of "victim H", and such factual error is corrected ex officio in accordance with Article 25 of the Rules on Criminal Procedure.

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