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(영문) 서울고등법원 2017.02.01 2016노3907
강도미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

The sentence of the court below (two years of imprisonment) is too unreasonable.

Judgment

The crime of this case is committed at night by the defendant's use of violence against female victims at night to force withdrawal of the property.

Although the Defendant committed the instant crime, he was guilty of committing the instant crime.

Although the method or method of the crime is dangerous, the victim appears to have received a considerable mental impulse due to the crime committed by the defendant, the defendant has already been subject to juvenile protective disposition due to special larceny, etc., and the fact that the defendant committed the crime of this case again during the protective disposition is disadvantageous to the defendant.

On the other hand, the fact that the defendant repents and reflects his mistake late, the defendant's intelligence index appears to have been relatively low compared to the general public, the fact that the defendant was a juvenile at the time of the crime of this case, the fact that the crime of this case was committed in the attempted crime of this case, and the degree of damage to the victim is not much significant, and the defendant's parents endeavor to recover damage, and the intention of edification against the defendant is obvious can be considered as favorable to the defendant.

In full view of such circumstances as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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