(영문) 서울고등법원 2012.12.27 2012노3471 | 리걸엔진

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(영문) 서울고등법원 2012.12.27 2012노3471

강도등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant is somewhat favorable to the Defendant, such as the confession of the entire crime of this case, and the Defendant has a depth of his mistake, the Defendant agreed with the victim, the victim wanting to leave his wife against the Defendant, and the Defendant has no record of special criminal punishment.

However, the crime of this case is committed by forceing and using credit cards, etc. after suppressing the victim's timber that the credit card holder refused to issue a credit card at a close time. In addition, the crime of this case appears to be a planned crime that was executed with the intention of attracting the victim who was taken off from the beginning to acquire a certain percentage of the victim's timber, and further, the degree of the assault is more severe than that of causing multiple frauds by using the credit card multiple times, all other circumstances that constitute sentencing factors, such as the defendant's age, character and conduct, the means and consequence of the crime, the circumstances after the crime, family relations, etc., and the sentencing guidelines of the Sentencing Commission according to the sentencing guidelines of the Sentencing Commission, but the court below did not apply the sentencing guidelines of the Sentencing Commission, but appears to be subject to the following cases:

1. The crime of robbery (the robbery group, general criteria, type 1 (general robbery), basic area, two years to four years of imprisonment);

2. Fraud [Fraud Crime Group, General Fraud, Type 1 (less than KRW 100 million), Basic Field, Imprisonment from 6 months to 1 year 6 months];

3. Scope of recommended sentences according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of two years to four years;

4. Scope of final sentencing guidelines: Offenses of attempted fraud for which the sentencing guidelines have not been set for at least two years.

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