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(영문) 서울고등법원 2017.09.21 2017노1446

강도상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was physically and mentally weak at the time of committing the instant crime.

B. The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant alleged that the Defendant had the same purport as the allegation in this part of the judgment below, and the court below held that the Defendant had drinking alcohol at the time of the instant crime, or had engaged in an act of doing so from a certain point of view from an ordinary point of view, but it is difficult to deem that the Defendant had weak ability to discern things or make decisions.

Based on the judgment of the court, I did not accept the argument.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined in the above evidence and the trial court, namely, ① the defendant flickly flickly flicked the face of the victim by having the defendant walk with the victim, ② the victim flickly flicked with the defendant's sudden shooting and lost mind, ③ the defendant flicked the victim's money, found the contents of the wall, and then abandoned the wall, running away, and escaped. ④ The defendant is well memorying the situation at the time of the crime of this case.

It is difficult to view it.

Therefore, the judgment of the court below is justified, and the defendant's assertion is not accepted.

B. The lower court, as to the wrongful assertion of sentencing, takes account of the following circumstances: (a) the Defendant’s pricing the victimized person to forcibly take property at night and causing an injury to the bones, etc.; (b) the victim lost his mind and was used on the road; and (c) the Defendant escaped as it is; (d) the Defendant partially recognized the crime, and (e) the Defendant’s health is insufficient.