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(영문) 부산고등법원 (창원) 2015.08.12 2015노196
특수강도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the period of a suspended sentence of two years and six months) is too unhued and unfair.

2. The judgment of the court below (as written in detail in the 2 and 3 pages of the judgment of the court below) is that the statutory penalty for the crime of special robbery (a life imprisonment, imprisonment of not less than five years, imprisonment of not less than five years), sentencing guidelines, other sentencing guidelines, other sentencing cases, the defendant did not inflict any injury on the victim at the time of the crime of this case, and the amount of damage is not much high, considering the disposition against the juvenile at the time of the crime of this case, the purport of each provision of the Juvenile Act should be followed in light of the sentencing of the case, the case must be selected, and in any case, there is insufficient ground to regard the suspended sentence as a type in which the defendant cannot choose, even if any additional sentencing materials are added in the court

[As to confiscation, in case of clothes ordinarily worn by the defendant, it shall not be subject to confiscation. However, in full view of the evidence, evidence duly adopted and investigated by the court below, evidence rules, evidence rules, and legal principles, it is recognized that the defendant's face at the time of the crime in this case was used as a means to facilitate the crime, and therefore, the court below's confiscation of each of the above seized articles is justified] 3. Thus, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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