logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.02.07 2017노3466
특정범죄가중처벌등에관한법률위반(강도)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and Defendant 1: (a) The sentence imposed by the lower court on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) on the Defendant case is too unreasonable.

2) As to the case of the request for attachment order, the lower court’s determination of the period of attachment of the location tracking electronic device as 10 years is excessively unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant’s case (unfair sentencing) is too uneasible.

2) As to the claim for attachment order, the lower court’s determination of the period of attachment of the location tracking electronic device as 10 years is excessively short-term.

2. Determination

A. The crime of this case as to the part of the defendant's case is committed by deceiving another person by deceiving the defendant, by defrauding alcohol and spawn, etc., and carrying a deadly weapon and taking the property from another person to force the withdrawal of the property. In particular, the crime of attempted robbery is not only very dangerous, but also the mental impulse suffered by the victim due to the defendant's act is also reasonable.

The defendant has been punished several times for a specific violent crime, such as the same robbery crime, and has completed the execution of the final sentence and has committed another crime during the period of repeated crime.

There is no effort to receive a letter from victims or to recover damage.

Such circumstances are disadvantageous to the defendant.

On the other hand, the fact that the defendant is aware of and against his mistake, and the robbery crimes are attempted, and there is no property damage to the victim, etc. are favorable circumstances to the defendant.

These circumstances include the defendant's age, sex, environment, background and result of the crime, etc., all of the sentencing conditions in this case, such as the circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court.

arrow