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(영문) 광주고등법원 (전주) 2014.01.21 2013노256
특수강도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a three-year imprisonment, a four-year grace period, a two-year probation, etc.) is too unhued and unreasonable;

2. The instant crime was committed from August 26, 2012 to the same year by the Defendant.

9. Until July 1, 200, by entering the convenience store where female employees are mixed with each other and threatening female employees with kitchen knife, taking money and valuables twice, and taking money and valuables on a single-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time

However, the defendant shows the attitude of recognizing and opposing all of the crimes of this case, the state of health is not good, and the defendant suffers from pulmonary tuberculosis and experienced difficulties in working life, etc. It seems that the defendant committed the crime of this case. The amount of damage of this case is not more than 60,000 won, and it is difficult to view that the defendant agreed with L/J, and the other victims and deposited the amount equivalent to property damage for the victims, and the defendant did not have any criminal power before the crime of this case. The punishment imposed by the court below seems to have been determined by accepting the jury's opinion on the sentencing (6: 4 years of suspended sentence for 3 years, 1: 3 years of imprisonment) through a participatory trial within the sentencing guidelines recommended by the Sentencing Commission. Considering that the defendant's direct examination of evidence related to the defendant for a considerable period of time, it is necessary to respect the jury's opinion on the sentencing after considering the defendant's age, character and behavior, circumstances, and various circumstances after the crime of this case.

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