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(영문) 서울고등법원 2014.09.26 2014노2009

강도상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant entered a new wall with a female victim (the age of 46), showing the kitchen knife prepared in advance, and deducted money from the victim’s head, thereby causing injury to the head, such as the head, cover, opening, etc., and additionally committing robbery.

In light of the detailed contents, methods, results, etc. of each of the above crimes, the crimes of defendants are serious.

The crime of robbery is likely to cause a lot of mental damage to the victim.

According to this, punishment corresponding to the degree of responsibility of the defendant is necessary.

However, there are circumstances to be considered in sentencing.

The amount of money taken by the defendant is not so big.

The victim of robbery injury crime was agreed to pay 15 million won to the victim.

The defendants recognize the crimes and repent their mistakes.

There shall be no power to commit any other crime, except once a fine is imposed.

However, considering all of the sentencing conditions in the instant case including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, even considering the favorable sentencing factors of the Defendant, it cannot be deemed that the lower court’s sentence, which determined the lower court’s maximum punishment that has undergone discretionary mitigation, is excessively unreasonable.

B. Therefore, the defendant's assertion is without merit.

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