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(영문) 광주고등법원 (전주) 2020.05.27 2019노223 (1)
특수강도
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant, A, and C conspired with a foreign female sexual traffic at a time to deduct property, and the Defendant and C intruded with the original room by pretending to the customer, and the Defendant and C intruded into the studio outside the studio and then deducted the money and valuables of the female sexual traffic-related women.

The defendant was the object of the crime against a female who is an illegal foreigner who is difficult to report damage to the investigation agency.

In light of the motive, method, means, and result of these crimes, the nature of the crime is heavy and the possibility of criticism is also high.

This is disadvantageous to the defendant.

However, since the defendant was detained on July 6, 2019, he has been living in prison for more than 10 months until now, and his mistake has been repented and has been in depth.

The crime of this case was planned by A, and the defendant and C participated in the crime of this case at the request of A, and there are circumstances to consider the circumstances of the crime.

After being seized by investigation agencies, the victims of this case were temporarily returned to the victim, and the monetary damage of the victim was actually recovered.

The defendant receives a letter from the victim, and the victim does not want to punish the defendant.

In addition, not only the family members and branch members of the defendant want to keep the defendant properly, but also actively lead the defendant.

Defendant has no record of punishment for the same kind of crime.

These points are favorable to the defendant.

In full view of the circumstances favorable to the defendant, the defendant's age, character and conduct, intelligence and environment, and the circumstances after the crime, etc., the sentence of the court below sentenced the defendant to the imprisonment of 2 years and 6 months is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Conclusion.

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