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(영문) 부산고등법원 2015.08.12 2015노362
강도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The judgment of the Defendant is favorable to the Defendant, with the following: (a) the Defendant confessions all of the instant crimes and reflects them; (b) the Defendant has no record of any other crime except that sentenced to two times to a fine for fraud; and (c) the victim W of the instant fraud seeks revocation of the complaint and the Defendant’s wife against the Defendant.

However, the robbery of this case committed by the elderly 9 victims with the exemption of 12,509,00 won as a result of taking the money and valuables, which had been prepared in advance by approaching the nine victims of the crime of this case. In light of the law and the result of the crime, etc., the crime was not committed, and the defendant did not agree with the victims of the robbery and theft of this case except for the above W until now, and did not recover from damage. There are unfavorable circumstances, such as the defendant's age, career, character and conduct, environment, motive and circumstance of the crime, etc., and the result of the application of the sentencing guidelines of the Sentencing Committee by the Sentencing Committee, the punishment imposed by the court below is too unreasonable, taking into account all the factors such as the defendant's age, career, character and behavior, environment, motive and circumstance after the crime.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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