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(영문) 서울고등법원 2018.12.05 2018노2544
특수강도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a mental and physical weak state, under the influence of alcohol, to have the ability to discern things or make decisions.

B. The sentence of the lower court (two and a half years and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, even though the defendant was found to have served alcohol at the time of the crime of this case, it was found that the defendant had weak ability to discern things or make decisions.

It does not seem that it does not appear.

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

B. The Defendant acknowledges and reflects his criminal act with respect to an unfair argument on sentencing.

The defendant made an agreement that 400,000 won shall be paid to the victim in minor expenses of tobacco.

However, the crime of this case was committed by the Defendant with excessive preparations from the house to the new wall in advance, and only tobacco 1, while taking the part of the victim's items, may cause danger to the life and body of the victim.

Although the Defendant had had a history of punishment for imprisonment twice due to robbery, he again committed the robbery of the same kind.

In light of such circumstances and other circumstances as the Defendant’s age, sex, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed unfair because it is too unreasonable.

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

3. The defendant's appeal is dismissed on the ground that it is without merit.

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