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(영문) 서울고등법원 2018.01.18 2017노3527
준강도미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

One color for a seized Mag-gu mother and child (a certificate.).

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (five years of imprisonment, confiscation) is too unreasonable.

2. The defendant has the following disadvantageous circumstances:

Each of the crimes of this case committed by the defendant in intrusion upon the victim's residence on the new wall to commit the larceny or larceny.

As a crime that uses violence to police officers for the purpose of evading arrest after having committed attempted crimes, the nature of such crime is not weak.

Defendant has a record of criminal punishment for the same crime.

The defendant did not reach an agreement with the victims or did not endeavor to recover from damage.

However, the defendant has the favorable conditions as follows:

The Defendant reflects his wrongness in depth and recognized all of the crimes.

In particular, in the case of the crime of larceny at night, the defendant provided the proviso to the investigation (the 112th page of the evidence record) in the police investigation process, the victim C expressed that he did not report the theft to the home owner (the 121th page of the evidence record), but the victim E stated that he did not report the amount of damage to the police (the 123th page of the evidence record). Therefore, without the defendant's provision of the investigation proviso, it is difficult to find that the defendant committed the crime of larceny at night, each of the crimes of larceny at night.

It is difficult for the defendant to use the stolen money as entertainment expenses, etc.

The amount of theft damage is 145,00 won in total, and the crime of quasi-Robbery was attempted.

The above unfavorable circumstances, the intelligent environment of the defendant including the above unfavorable circumstances, the motive and consequence of the crime, the circumstances after the crime, etc. of this case and all the sentencing conditions indicated in the arguments and records, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee (a crime for which the sentencing guidelines are set).

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