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(영문) 서울고등법원 2017.09.13 2017노1717
특수강도등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The lower court’s punishment (four years of imprisonment) against the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) is deemed to be too unreasonable.

2. Determination

A. The Defendant in the part of the instant case shows the attitude of reflecting his mistake by recognizing all of the instant crimes, and the fact that the amount of damage caused by the instant special robbery is relatively minor is favorable to the Defendant.

However, the Defendant committed the instant special robbery even though he/she had been sentenced to punishment two times for the same crime, and committed the instant special robbery even though he/she had been released from a provisional custody and attached with an electronic tracking device during the execution of protective custody and custody disposition; the Defendant continued to commit robbery after committing robbery; the Defendant returned to the area where he/she had a deadly weapon for the purpose of committing robbery; and the victim was found to have suffered severe mental shock due to the instant special robbery; and the Defendant appears to have been subject to agreement with the victim, etc. was disadvantageous to the Defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, health, environment, motive and circumstance of the crime, the means and consequence of the crime, all of the sentencing conditions as shown in the records and arguments, including the circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court Sentencing Committee, the lower court’s punishment against the Defendant is too unreasonable in this case without any particular change in the sentencing conditions compared with the original judgment.

The defendant's argument of sentencing is without merit.

B. As long as the defendant filed an appeal regarding the case of the defendant, the appeal regarding the case of the case of the attachment order shall be deemed to have been filed in accordance with Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., but the defendant shall submit any grounds for appeal regarding the case of the attachment order.

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