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(영문) 서울고등법원 2017.11.29 2017노2712
특수강도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The sentence sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical weakness, even though the Defendant was deemed to have drunk at the time of committing the instant crime, in view of the Defendant’s ordinary drinking volume, the background leading up to the commission of the crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant was in a state that the Defendant had weak ability to discern things or make decisions due to drinking at the time of committing the instant crime.

Therefore, the defendant's above assertion is without merit.

B. The fact that the Defendant recognized his criminal act and opposed to the determination of the unfair argument of sentencing, and that the amount of damage caused by the instant crime is not so significant, etc. are considered favorable to the Defendant.

However, the crime of this case was committed by the defendant at the late night by entering the convenience store where female employees are mixed with each other, and the kitchen knife prepared in advance at the time of the defendant's night to suppress the resistance of the victim and forcibly take money and valuables.

The victim suffered a huge mental suffering due to the crime of this case, and there was no recovery of the damage.

The defendant committed the crime of this case even though he had been punished by imprisonment with prison labor due to special larceny, etc. and completed the execution of punishment.

In addition, in full view of the Defendant’s age, sex, environment, motive, means and consequence of the crime, all of the sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too heavy.

It is not recognized.

Therefore, the defendant's above assertion is without merit.

3. Accordingly, the defendant's appeal is dismissed on the ground that it is not reasonable.

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