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(영문) 서울고등법원 2017.09.28 2017노2077

강도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in the month of imprisonment with prison labor, two years of suspended sentence, and order of observation of protection) is too unflu

2. In full view of the following circumstances: (a) conditions favorable to the disadvantage of the lower court’s reasoning for sentencing, in particular, the Defendant agreed smoothly with the victim E; (b) there is no history of heavy criminal punishment heavier than a suspended sentence; and (c) it appears that the Defendant is receiving treatment of mental illness; and (d) overall conditions of the pleadings and the sentencing indicated in the records, such as the Defendant’s age, character and character intelligent environment; (b) motive and consequence of the crime; and (c) circumstances after the crime, etc., it is not deemed unfair

Therefore, the prosecutor's above assertion cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.