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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the respondent for an attachment order (1) Defendant and the respondent for an attachment order (hereinafter “Defendant”) were physically and mentally weak at the time of each of the instant crimes.
2) The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.
2. Determination
A. Part 1 of the case on Defendant 1) The following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court to determine the Defendant’s mental and physical weakness, i.e., (i) the Defendant requested the victim, who is a taxi driver, to take his personal information into the unfolded place in order to forcibly take property, and (ii) the Defendant seems to be in a relatively detailed state of mental and physical weakness at the time of each of the crimes in order to attract the victim’s attention immediately before and after the commission of the crime; (iii) the Defendant is in a relatively detailed memory as to the contents of each of the crimes in this case, and the criminal conduct before and after each of the crimes in this case; and (iv) other circumstances before and after each of the crimes in this case, even considering the fact that the Defendant was diagnosed by Cho Jae-jin, etc., even if considering the fact that the Defendant was diagnosed by the past,
shall not be deemed to exist.
The defendant's mental and physical weak argument is rejected.
2) There is no change in the conditions of sentencing compared to the lower court’s determination on the unfair argument of sentencing by Defendant and the prosecutor, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although the Defendant had been sentenced to 15 years of imprisonment due to robbery in the past due to robbery in the past, he/she committed the instant robbery at night, and in order to facilitate the commission of the crime in the process, he/she entices the victim into the place where his/her personal body is unwritten.