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(영문) 부산고등법원 (창원) 2015.12.09 2015노336
준강도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. The facts that the Defendant recognized all of the crimes of this case and seriously reflects the Defendant, and that the degree of assault and intimidation exercised by the Defendant at the time of committing an attempted robbery is not very serious is favorable.

However, even though the defendant had a criminal record of the same kind, he/she repeated the crime during the period of repeated crime, the defendant did not reach an agreement with the victims, and the damage seems not to have been recovered is disadvantageous.

In full view of such circumstances, the court below’s sentencing conditions as the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and various sentencing conditions as shown in the argument of the instant case (Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015), sentencing guidelines and their criteria, specific details of sentencing guidelines and their criteria, sentencing cases, and the court below sentenced the punishment corresponding to the lower court’s lower court’s sentencing, and there is no ground to deem that suspension of execution is possible, even in addition to the additional sentencing materials added in the trial, the sentence imposed by the court below is justifiable and it cannot be said that it is heavier to the extent that it should be reversed.

(A) A considerable portion of the grounds for Defendant’s assertion, such as class 1 model number, appears to be considered at the stage of execution of punishment. Therefore, Defendant’s assertion is without merit.

(3) In light of the evidence duly admitted and examined by the original court, evidence, rules of evidence, and legal principles, the fact of the attempted robbery of this case and the crime of habitual larceny is acknowledged, and no other evidence was submitted to prove the illegality of the investigation or the trial proceedings of the original court).

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