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(영문) 광주고등법원 (전주) 2013.11.05 2013노205
특수강도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three years of imprisonment, four years of suspended execution) imposed by the court below on the defendant is deemed to be too uneasible and unfair.

2. The crime of this case is deemed to be committed under the circumstances that the defendant's life and living conditions are likely to be avoided, such as that the defendant threatened a female victim with excessive traffic by entering the convenience store where the female victim works as a married victim and forcibly takes money and valuables. The crime of this case cannot be deemed to be less severe. Although there are unfavorable circumstances such as the mental impulse and pain of the victim caused by the crime of this case, the defendant's mental shock and pain seems not to be written. On the other hand, the defendant's perception of the crime of this case is against his wrongness, and the defendant suffered from long-term quality and has difficulty in pursuing work, and the defendant suffered from difficulties in pursuing the crime of this case, it seems that the victim's property damage was not considerably recovered, and the defendant deposited the amount equivalent to the money and valuables for the victim. The defendant was punished three times by the fine of this case, and the defendant's age, age, character and behavior, circumstances of the defendant, motive and circumstances before and after the crime of this case, and the defendant's arguments in the sentencing of this case are not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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