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(영문) 부산고등법원 (창원) 2013.06.21 2013노114

강도상해등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. As to the punishment (two years and six months of imprisonment) imposed on the defendant by the first instance court, the defendant asserts that it is too unreasonable for the defendant, and the prosecutor asserts that it is too uneasible and unfair for the prosecutor.

2. Determination is recognized as a favorable sentencing factor, such as the fact that the defendant surrenderss himself to the crime late and is against his own will, that the defendant was the age of 19 years old from the side at the time of committing the crime, that the guardian of the defendant was leading the defendant, that the victim did not want the punishment of the defendant by mutual consent with the victims.

Meanwhile, even though the defendant is under the period of suspension of execution due to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), he prepared and planned Masck in advance with four accomplices, and committed robbery twice in the course of the crime, and inflicted bodily injury on the victim N in the crime. After the crime, he/she voluntarily surrenders himself/herself in lieu of pro-Japanese, and abetted the criminal suspect to escape from the investigative agency until the completion of the period of suspension of execution.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, the motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances revealed in pleadings, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it does not seem to be too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

3. Wherefore, the appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.