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(영문) 서울고등법원 2021.01.15 2020노1749
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) is unfair because the sentence (a punishment of imprisonment with prison labor for three years and six months, and confiscation) imposed by the court below is too unreasonable.

Judgment

Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and there is a unique area of the first deliberation in our criminal litigation law that takes the trial-oriented principle and the principle of directness.

In addition to these circumstances in light of the appellate court’s ex post facto and in-depth nature, it is reasonable to respect the sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance is not beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, under the unfavorable circumstances against the Defendant, (i) the crime of special robbery and special intrusion into the instant case committed by the Defendant, with the knife that the Defendant prepared in advance, intrudes a female victim with the knife with the knife and knife with the knife, threatening the victim, thereby threatening the victim, and thus, the method of the crime is very dangerous; and (ii) the Defendant was punished several times for the crime of fraud, and even during the period of repeated punishment for the crime of fraud in 2018, criticized the victims of the instant case by taking account of the possibility of the victim’s remaining injury.

또 한 피고인에게 유리한 정상으로, ① 피고인은 이 사건 각 범행을 모두 인정하고 있고, 이 사건 특수강도 범행 직후 피해자 E에게 “ 몹쓸 짓을 한 것 같다.

" and expressed the intention of the deceased," and each of the crimes of this case.

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