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(영문) 서울고등법원 2014.10.31 2014노2546
특수강도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (four years of imprisonment) on the defendant is too unreasonable.

2. There are circumstances that can be considered in certain circumstances to the defendant, such as the confession and reflection of the defendant's crime, and the economic benefits that the defendant acquired by the crime of this case are not significant.

However, the crime of this case is committed by the defendant in a knife with a knife and knife on the body of the victim. It appears that the female victim, who had been living together with knife and knife and knife, had suffered a huge mental impulse. The method or quality of the crime is also very poor. The defendant was punished several times for the same crime such as theft and robbery, and the defendant was punished several crimes such as indecent act by force, rape, etc. against other women, and the defendant committed the crime of this case without any weighting, even though he had attached an electronic tracking device during the suspension period of execution due to sexual crimes. Meanwhile, the defendant found the victim's house before the crime of this case was committed, and it appears that there was a threat to the victim's house several times before the crime of this case was committed, and there was no reason to view that the defendant's previous crime of this case and his family members, including the defendant's motive and condition, and there was considerable fear that the defendant's family relation were committed.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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