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(영문) 서울고등법원 2019.08.22 2019노659

강도상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (a short-term two years of imprisonment, a maximum of two years and six months of imprisonment, a fine of 300,000 won, and confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The lower court determined that: (a) the Defendant committed several crimes as indicated in the facts of the crime in the lower judgment during the short period from June to September 2018; (b) the Defendant committed the instant crime without any reflective nature despite having been subject to juvenile protective disposition several times due to larceny; and (c) the Defendant committed the instant crime without any reflective nature despite having been subject to criminal protective disposition by larceny; and (d) the Defendant appears to reflect the Defendant’s perception of all of the instant crimes; (b) the Defendant appears to be a minor under 16 years of age at the time of the instant crime; (c) taking into account the favorable circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (c) taking into account all factors of sentencing as indicated in the argument at the lower court’s trial, including the following factors: (a) imprisonment with prison labor for the Defendant; (b) imprisonment with prison labor for a short period of two years, two years and six months, three million won, and three million won, and one fine.

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, the grounds for unfair sentencing alleged by the Defendant and the prosecutor in this court are the circumstances that the lower court had already taken into account while determining the Defendant’s punishment, and considering other materials presented in the course of the sentencing hearing in this court, it is too heavy to maintain the lower court’s sentencing decision as it is or unreasonable.