(영문) 대전고등법원 (청주) 2017.04.27 2017노26

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(영문) 대전고등법원 (청주) 2017.04.27 2017노26

특수강도미수

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is deemed to be too uneasy and unfair.

2. The instant crime was committed by the Defendant with a knife knife at the latest night, and against female victims who are vulnerable to the instant crime, such as the Defendant’s withdrawal of money and valuables. In light of the method, method, and content of the crime, it is highly dangerous in light of the method, method, and content of the crime, and the Defendant did not receive a knife from the victim, and there were multiple criminal records, such as nine times of punishment due to violent crimes, etc., and the Defendant again committed the instant crime during the period of repeated crime, which is disadvantageous to the Defendant.

On the other hand, the following are the circumstances favorable to the Defendant: (a) the Defendant reflects the instant crime; (b) the amount of the Defendant’s strong withdrawal was not significant in KRW 100,000; (c) the Defendant did not commit an attack by knife; (d) the Defendant committed the instant crime and did not cause substantial damage to the victim’s body and property; (e) the Defendant’s health and economic difficulties were not good; and (e) the Defendant responded to the arrest of the criminal in the act of committing the instant case without any resistance immediately after the instant crime.

When considering the above circumstances, such as the Defendant’s age, character and conduct, environment, background and consequence of the crime, and the circumstances after the crime, the sentencing of the lower court exceeded the reasonable scope of discretion.

As there is no change in sentencing conditions that can be deemed unfair to maintain the sentencing of the court below as it is, the sentence imposed by the court below is too unfortunate and unreasonable.

The prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

유사 판례

-대전고등법원 2013.11.27 2013노412

-서울고등법원 2016.01.29 2015노2758

-부산고등법원 (창원) 2017.09.20 2017노178

-서울고등법원 2015.09.01 2015노1464

-창원지방법원 2016.10.12 2015노2863