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(영문) 서울고등법원 2013.12.26 2013노3338
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment, and a fine of three hundred thousand won) is too unreasonable.

2. The judgment of the defendant is an element of sentencing favorable to the defendant, such as the fact that the defendant divided his mistake into several parts, and the victims of special larceny and stolen property acquisition return to the victims, and that the victims do not want punishment by mutual consent with the victims of special robbery and special larceny.

On the other hand, the crime of special robbery of this case committed by the defendant while taking advantage of the knife of the defendant's prepared knife and threatening an employee, and the nature of the crime is not good. The defendant again committed the crime of special robbery, special larceny, and acquisition of stolen goods without being aware of the fact that he was sentenced to a suspended sentence of imprisonment due to special robbery, etc., even though he was under the suspended sentence of imprisonment due to the crime of special robbery, etc., and the imprisonment of the court below imposed by the defendant is the lowest sentence of the applicable sentences prescribed by the Act, and other circumstances, such as the defendant's age, character and behavior, intelligence and environment, and circumstances after the crime, etc., it

Therefore, the defendant's above assertion is without merit.

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

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