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(영문) 부산고등법원 (창원) 2016.07.06 2016노167
강도등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of the instant case explicitly withdrawn all the remaining arguments on the grounds of appeal other than unfair sentencing on the trial date at the first trial date.

The sentence of imprisonment (three years and six months) imposed by the court below on the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") is too unreasonable.

B. The lower court, which ordered the Defendant to attach an electronic tracking device in the absence of risk of committing robbery, is unreasonable, and is not so.

Even if the court below ordered the attachment of an electronic tracking device against the defendant (five years) is too unfair.

2. Each of the crimes of this case regarding Defendant case committed each of the crimes of this case, which committed the crime of this case, without being aware of the fact that the Defendant committed each of the crimes of this case, even though he was sentenced to six years of imprisonment on August 3, 2007, due to the crime of robbery and bodily injury, etc., and committed each of the crimes of this case, which were identical to the Defendant, without being aware of, during the period of repeated crime, by intrusion upon the company where the Defendant had worked prior to the towing, stolen property, or invaded another victim’s residence. The crime of this case was committed against the Defendant.

On the other hand, the circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case, and the mistake is divided, the amount of damage is small, and the victims do not want the punishment of the defendant.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위: 징역 3년 ~ 25년 ◈ 양형기준상 권고 형의 범위 기본범죄: 강도죄 [ 유형] 일반적 기준 > 제 1 유형( 일반 강도) [ 특별 양형 인자] 가중요소: 범행에 취약한 피해자 감경요소: 처벌 불원 [ 권고 형]...

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