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(영문) 수원지방법원 2017.06.02 2017노1937
강도예비
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The fact that the instant crime was committed without reaching the commencement of the commission is in the preliminary stage of robbery, and the fact that the Defendant recognized the mistake and reflects it is favorable.

However, the crime of this case was committed by preparing the knife, knife, knife, etc., which is a deadly weapon, and the risk of robbery is very high, and the defendant was sentenced to a suspended sentence of two years on May 27, 2009 due to a special robbery preliminary crime, which was sentenced to a suspended sentence of two years on August 27, 2009, and despite the fact that he had been sentenced to eight months of imprisonment due to robbery preliminary crime on June 21, 2012, again committed the crime of this case. In full view of all the sentencing conditions of the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the punishment imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act (Provided, That the "Article 342 of the Criminal Act" in the "Article 343 of the Criminal Act concerning the 1. criminal facts" is "Article 343 of the Criminal Act because it is obvious that it is a clerical error," and it is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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