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(영문) 부산고등법원 (창원) 2015.12.16 2015노344
특수강도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case recognized by the evidence, the evidence, the rule of evidence, and the legal principles are the circumstances unfavorable to the defendant, in which the defendant invadeds on convenience stores at night and forcibly taken property by threatening knife female employees 19 years old, and the nature of the crime is not good. The fear of receiving the above female employees and mental shock is deemed to be a considerable level due to the defendant's intimidation using a deadly weapon, and the damage recovery was not made.

On the other hand, the circumstances are favorable to the defendant, such as the fact that the defendant was economically difficult at the time of committing the crime of this case, the fact that the defendant voluntarily surrendered to the investigative agency after committing the crime, the fact that the defendant recognized his own crime and seriously reflects the defendant, and the fact that the defendant has been sentenced three times to a fine, but has no record of the same kind or serious crime.

In light of such circumstances, the scope of the statutory applicable sentences (i.e., imprisonment for a limited term of one year and three years and six months), and the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, circumstances after the crime was committed, etc., various sentencing factors indicated in the pleadings of the instant case, including the circumstances after the crime was committed, precedents regarding the appellate court’s judgment on sentencing (Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015), and the contents and distribution of the opinions expressed by the jury in the participatory trial, etc., the lower court’s punishment cannot be deemed unfair because it is too heavy or unfasible to the extent that the jury should reverse.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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