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(영문) 광주고등법원 2013.05.23 2013노110

준강도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant is improper because the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. According to Articles 335 and 333 of the Criminal Act, which apply to quasi-Robbery among the instant crimes, the statutory penalty is three or more years of imprisonment. Therefore, in the instant case where there is no legal ground for mitigation, the sentence of one year and six months of imprisonment sentenced by the lower court constitutes the maximum sentence of punishment mitigated.

Ultimately, the sentence of the lower court is impossible to sentence the lower court to the lower court that constitutes the lowest sentence that can be sentenced to the Defendant who committed the instant crime (a repeated crime that prevents the suspension of execution).

Therefore, the defendant's assertion that the sentence of the court below is too unreasonable because the sentence is too low and the sentence is sentenced to a lower sentence is not acceptable.

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.