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(영문) 서울고등법원 2015.07.16 2015노1394
특수강도
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (two years and six months of imprisonment) is too unreasonable; and

2. The judgment that the Defendant recognized all of the instant crime is a condition for sentencing favorable to the Defendant, including the fact that the Defendant voluntarily surrendered to an investigative agency after the instant crime, and the fact that the amount of damage is a relatively small amount of KRW 371,000, etc.

However, the crime of this case is a condition unfavorable to the defendant for sentencing, such as: (a) the defendant prepared for the excessive amount of punishment, (b) has been sentenced four times to imprisonment by fraud, embezzlement, and attack; and (c) the defendant committed a specific crime of this case, which is a specific violent crime, without being aware of the fact that he was sentenced to imprisonment for more than three years and six months without being aware of the fact that he had been sentenced to imprisonment for a specific violent crime of specific robbery, (b) he committed a specific violent crime of this case, which is a specific violent crime, without being aware of the fact that he had been sentenced to imprisonment for more than three years and six months since the completion of the execution of the sentence after he was sentenced to imprisonment for a specific violent crime of this case.

In addition, taking into account the various circumstances that form the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines (a prison term of not less than 3 years and not less than 9 years and less than 9 years), it is not recognized that the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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