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(영문) 서울고등법원 2015.07.23 2015노1482
특수강도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (limited to three years of imprisonment, four years of suspended execution, three years of probation, three hours of social service, 160 hours) is too unfford and unreasonable;

2. The crime of this case is an unfavorable circumstance where the defendant entered a convenience store on two occasions, and forcibly took cash by threatening female employees aged at the age, with a deadly weapon and threatening them to take a deadly weapon, and the nature of the crime is not good.

However, the prosecutor's assertion is without merit, since the court below's punishment is not deemed to be unfair, considering the first offender, the defendant's mistake is against himself, the defendant's excessive debt, etc., and the remaining crimes of this case are deemed to have been committed without showing an economically difficult situation due to his excessive debt, etc., and the amount of damage therefrom is not so much high, the defendant's smooth agreement with the victim E, the defendant seems to have a good family-social relation, the defendant appears to have a good family-social relation, and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, and environment.

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

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