logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (제주) 2019.09.25 2019노75
특수강도
Text

The defendant's appeal is dismissed.

Reasons

Comprehensively taking account of the following: (a) the summary of the grounds for appeal (unfair) recognizes and reflects the Defendant’s criminal act; (b) the Defendant committed the instant crime in a state of economic difficulty; (c) the Defendant committed the instant crime in a contingent situation; (d) the amount of money and valuables taken by the Defendant by force is relatively large; and (e) the Defendant is obligated to support the parents of senior citizens who have difficulty in maintaining their livelihood; and (e) the lower court’s imprisonment (five

Judgment

The crime of this case is committed by assaulting and threatening a female victim who was married at night by using excessive circumstances prepared by the defendant in advance, thereby taking money and valuables into consideration the contents and methods of the crime. It is very poor in light of the contents and methods of the crime.

The victim appears to have suffered a considerable physical or mental shock and pain due to the defendant's crime of this case, but did not have the victim used.

Furthermore, the defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. in 2015 and committed the crime of this case within the repeated crime period after being sentenced to imprisonment with prison labor for larceny, etc. in 2015.

In addition, in full view of all the sentencing conditions in the records and arguments of this case, including the background, content, means and result of the crime of this case, the age, character and conduct, environment, etc. of the defendant, the sentence of the court below against the defendant cannot be deemed unfair.

(The circumstances alleged by the Defendant as the reasons for appeal are deemed to have already been considered in the sentencing of the lower court, and no new sentencing materials have been submitted to the extent that the lower court’s sentence was reversed in the trial). Accordingly, the above argument by the Defendant is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow