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(영문) 수원고등법원 2019.10.10 2019노221

강도치상

Text

The defendant's appeal is dismissed.

Reasons

The punishment sentenced by the court below (limited to three years and six months of imprisonment) is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the original court is not beyond the scope of reasonable discretion, it is reasonable to respect

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The following are favorable circumstances for the Defendant: (a) there is no history of criminal punishment against the Defendant; (b) the Defendant does not have a clear criminal plan; (c) there are circumstances that may be somewhat taken into account the motive and background of the crime; (d) the victim was attempted; (c) the victim was not much weighted; and (d) the victim did not want punishment by mutual consent with the victim.

However, the above circumstances appear to have been fully considered in the lower court that selected a limited term of punishment among the statutory punishment and sentenced to the lowest sentence, and sentenced to the sentence. In full view of the fact that the instant crime threatens female victims who were married at night and inflicted bodily injury on the victim, and the nature of the crime and the method and method of the crime are not good in light of the nature of the crime, and other various sentencing conditions in the instant records and pleadings, even if considering the factors of sentencing favorable to the Defendant, the lower court’s punishment against the Defendant is too excessive, and cannot be said to have exceeded reasonable discretion.

In addition, there is no significant change in the sentencing conditions compared to the original judgment in the trial.

Therefore, the defendant's argument cannot be accepted.

The defendant's appeal is dismissed on the ground that it is without merit.