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(영문) 서울고등법원 2017.06.22 2017노393
특수강도미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below is too uncomfortable.

2. Considering the fact that the Defendant, without paying the taxi expenses, carried a deadly weapon while getting off the taxi and attempted to escape the victim from paying the taxi expenses, and that the crime of this case is not good, strict punishment against the Defendant is necessary.

However, since the crime of this case was committed with the damage of property for which judgment has become final and conclusive and the crime of concurrent crimes by the latter part of Article 37 of the Criminal Act, it is necessary to consider equity with the case of concurrent crimes under Article 39(1) of the Criminal Act. The defendant is also sentenced to protection observation along with the suspended execution of imprisonment with prison labor, community service order and lecture order, and the sentencing of the court below exceeded the reasonable scope of discretion.

In addition, considering the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below cannot be deemed unfair because the defendant's punishment is too uneasible, and thus, the prosecutor's above assertion is without merit.

3. In conclusion, 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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