강도상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.
2. The crime of this case is a case where the Defendant steals his cellular phone, which the Defendant had been under the influence of alcohol, and the victim resisted and assaults the victim who was driving away, and the Defendant was not aware of the crime of this case during the period of repeated crime after release despite several criminal records related to larceny, and is highly likely to be subject to criticism by committing the crime of this case, and is disadvantageous to the Defendant.
On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the defendant's wrongness and reflects his depth, that the defendant reported the victim who was divingd in the way where he is under the influence of alcohol, and seems to have committed contingent crimes, that the defendant did not assault the victim in order to forcibly take property, but assaulted the victim to evade arrest of the son who driving away from the victim, and that the defendant suffered a relatively heavy injury due to the head, etc. from the victim due to a light, etc. (the investigation record 13,34,35,89 pages), that the victim was recovered immediately after the crime, and the victim stated that the victim did not want to be punished again (18,19,103 pages of the investigation record), that the defendant did not communicate with his family members, and that the defendant was hick without any contact with his family members, and that the defendant lives lacking living, such as being humged.
In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., as well as the general criteria of sentencing guidelines of the sentencing guidelines of the sentencing committee of the Supreme Court [general robbery] of category 1 (special robbery): simple assault and intimidation to evade arrest, and non-influence of punishment (decision of the recommended area) of the special mitigation area.