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(영문) 광주고등법원 (제주) 2013.07.17 2013노39
특수강도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that, considering the following circumstances: (a) the Defendant committed a special robbery against victims who are vulnerable to the commission of the crime according to the prior criminal plan: (b) the nature of each of the instant crimes is very poor; and (c) the damage from each of the instant crimes has not yet been recovered, the lower court’s imprisonment (five years of imprisonment) is deemed unreasonable.

2. The judgment of this case is based on the following facts: (a) the Defendant carried a knife, which is a deadly weapon, and took money and valuables from elderly victims twice more than twice; (b) attempted larceny on three occasions; and (c) the rest of the crime was committed together with each other; (c) in light of the circumstances and methods of the crime, etc., the Defendant committed each of the crimes in this case again during the period of repeated crime due to the first head of the crime in the judgment below; and (d) the Defendant did not properly recover from damage until the trial; and (c) the Defendant did not properly punish the Defendant. However, each of the crimes in this case is a living type, and the value of the money and valuables acquired by the Defendant was not so significant; (d) the Defendant’s mistake was against the Defendant, and thus, it cannot be concluded that there is no possibility to repent in the future; and (e) the lower court’s punishment falls under the scope of the sentencing guidelines set by the Sentencing Commission; and (e) other Defendant’s age, character and conduct, method and circumstances, etc.

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

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