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(영문) 부산고등법원 (창원) 2014.07.30 2014노162

강도상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Since the judgment of the investigation agency, the defendant has been against the defendant when committing the crime of this case, robbery was committed, the defendant committed an attempted crime was committed, the degree of injury suffered by the victim compared to the attitude or risk of assault inflicted by the victim, the defendant deposited KRW 3 million for the victim, etc., circumstances or objective and neutral circumstances favorable to the defendant, such as the defendant's deposit of KRW 3 million for the victim, 4-5 times or more, which resulted in an obvious danger that the defendant would injure the victim's reputation, and the punishment for the crime of this case is heavy, as well as bad. The defendant has been sentenced to imprisonment with prison labor for about 1 month after escape, the second time inquiry by investigation agency after escape, and the CCTV analysis installed on the road, etc., and the defendant could not be denied the defendant's family relation for the victim, and the defendant could not be found to have been punished for more than 1 year since he was sentenced to imprisonment with prison labor for more than 9 years, but it could not be deemed that there was an objective and neutral motive for the victim to commit the crime of this case.