(영문) 수원고등법원 2020.05.27 2020노72 | 리걸엔진

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(영문) 수원고등법원 2020.05.27 2020노72

특수강도등

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two years and six months), which the court below sentenced to the Defendants, is unreasonable.

2. The judgment of the Defendants recognized the Defendants’ mistake when they led to the confession of all the crimes of this case. The Defendants did not want to punish the Defendants under mutual agreement with some victims of the special robbery in the original judgment and the trial court, and the value of the Defendants’ property taken by the Defendants is relatively large. Defendant A was an initial criminal without criminal record, Defendant B was an initial criminal without criminal record exceeding fines, and there was no criminal record or criminal record of the same kind, and Defendant B’s family members want to take the Defendant’s wife in favor of the Defendants.

On the other hand, each of the crimes of this case is an unfavorable circumstance to the Defendants, such as the Defendants’ preparation of psychotropic drugs that might cause serious harm to the human body in advance, taking property from the victims who have failed to resist, taking the property from the victims who have been forced to resist, taking the credit card, and obtaining property benefits by using the taken credit card, and the Defendants committed the above crimes in a very poor manner and repeatedly several times, and the use of psychotropic drugs led to the use of psychotropic drugs.

In full view of the following circumstances as well as the Defendants’ age, character and conduct, environment, family relationship, motive and background, means and consequence of the crime, and the circumstances after the crime, the sentence of the lower court cannot be deemed to be excessively unreasonable.

The Defendants’ assertion cannot be accepted.

3. As such, the Defendants’ appeal 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.

The judgment of the court below shall be dismissed in Forms 12 and 17.

참조조문

-형사소송법 제364조 제4항

유사 판례

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-서울고등법원 2017.06.08 2017노914

-대구고등법원 2017.07.20 2017노197

-부산고등법원 2014.08.28 2014노369