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(영문) 서울고등법원 2020.12.17 2020노1605
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (three years of imprisonment, etc.) is too unreasonable.

Judgment

The court below sentenced punishment within the range of recommended punishment based on sentencing guidelines, considering favorable circumstances, such as the fact that the defendant committed a crime against many victims during a short period of time, the crime of special robbery by carrying a deadly weapon and forcibly taking money, the fact that the defendant was detained on two occasions during the detention period of this case, and the fact that he did not seem to seriously reflect his behavior during the trial process, and that he did not receive a letter from the victims, and that the defendant could be deemed to have committed special robbery, robbery, and theft crimes in a situation where it is economically difficult for the defendant to do so, and that the amount of damage to the above crimes is relatively small.

In full view of the sentencing conditions taken into account by the lower court and the various circumstances revealed in the records and pleadings of this case, the lower court’s punishment cannot be deemed excessively heavy beyond the reasonable scope of discretion.

In this Court, the Defendant appeared to reflect his fault late, and tried to recover from damage to the victim of the crime of special robbery through the punishment of the defendant in a foreign country.

(However, the punishment of the defendant was terminated, and the actual damage recovery was not caused). As a result of the inquiry into the Seoul detention center by the court, it is recognized that the defendant was treated with drugs showing symptoms after being detained as the case.

However, such circumstances cannot be deemed to constitute a special circumstance to change the sentencing of the lower court.

There are no new circumstances or special changes in circumstances that can be reflected in sentencing after the judgment of the court below is pronounced.

The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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