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(영문) 광주고등법원 2016.09.29 2016노251
특수강도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of three years, the suspension of execution of five years, the observation of protection, the community service time of 80 hours) is too uneased.

2. The crime of this case is not likely to be committed in light of the following: (a) the Defendant, who was dissatisfied with the official duty records, destroyed the office fixtures of his office; (b) stolen another’s property by intrusioning a structure at night; (c) forcibly taking away another’s property or preliminary robbery with a deadly weapon; and (d) causing multiple damages to the victims.

In particular, in the case of the strong possession of a deadly weapon and the preliminary crime of robbery, there was a risk of causing human life damage.

In addition, the defendant committed the crime of this case without being aware of during the period of probation of imprisonment.

However, there are reasonable circumstances that can be considered favorable to the defendant, such as the fact that the defendant has led to the confession of all crimes, the depth of the mistake, the mental impulse of the mother's death that occurred during the military service, and the economic distress, and the fact that the crime of this case seems to have been prevented, and that such symptoms are suffering from "inception with severe symptoms of mental military register," and that these symptoms are likely to have a certain degree of influence on the crime of damage, and that most victims and their family members do not want the punishment of the defendant by endeavoring to recover damage, and that the defendant's family members are leading to the defendant's guidance, and that the social support system can be maintained to a certain extent, such as that the defendant's family members might have maintained a sound social support system.

In full view of all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the court below's sentencing is the highest sentence against the defendant within the sentencing criteria of the Supreme Court Sentencing Committee.

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