(영문) 광주고등법원 (제주) 2020.01.29 2019노117

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자간(%)

(영문) 광주고등법원 (제주) 2020.01.29 2019노117

강도미수

Text

The defendant's appeal is dismissed.

Reasons

In full view of the following facts: (a) the summary of the grounds for appeal (unfair) recognizes and reflects the Defendant’s criminal act; (b) the Defendant committed the instant crime in a state of economic difficulty; (c) the Defendant committed the instant crime in a contingent situation; (d) the Defendant did not have any criminal record exceeding the fine; and (e) there was no record of the same criminal act; and (e) the Defendant is in the position of supporting the Defendant’s spouse and her children, the lower

Judgment

The crime of this case is committed by the defendant's her mother and mast to wear a face, and the defendant tried to forcibly take money and valuables by opening a back door according to the female victim who was married on a vehicle for returning home, threatening the victim into the atmosphere, cutting down the back part of the victim's back, etc. However, the crime is committed in relation to the attempted crime, and it is very poor in light of the contents and methods of the crime.

The victim appears to have received considerable fear and mental impulse due to the crime of this case by the defendant, and the defendant did not receive any tolerance from the victim.

In addition, in full view of all the sentencing conditions in the records and arguments of this case, including the background, content, means and result of the crime of this case, the age, character and conduct, environment, etc. of the defendant, the sentence of the court below against the defendant cannot be deemed unfair.

(The circumstances alleged by the Defendant as the reasons for appeal are deemed to have already been considered in the sentencing of the lower court, and no new sentencing materials have been submitted to the extent that the lower court’s sentence was reversed in the trial). Accordingly, the above argument by the Defendant is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

유사 판례

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