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(영문) 서울고등법원 2016.03.30 2016노247

강도상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The decision of the court below (three years and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

The sentence of the court below by the public prosecutor is too uneasible.

Judgment

The Defendant committed the instant crime by assaulting the victims of a female and taking property by force during night, which is dangerous to the law of acceptance of the crime, and also is not good for the Defendant to commit the robbery against the victim C, and to proceed to the robbery against the victim E, etc.

It seems that victims have suffered considerable mental pain.

Considering these points, the defendant needs to be punished corresponding to his criminal liability.

However, in full view of all the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, motive and background of the offense, means and consequence, the recommended punishment of the Supreme Court sentencing committee, etc., the sentence imposed by the lower court is too heavy or too unreasonable, in light of the following: (a) the Defendant’s confession of all the crimes and the Defendant’s criminal records, the Defendant did not have any other criminal records; and (b) his family members including the Defendant’s mother’s mother’s mother’s mother’s endeavor to agree with the victims or to agree with the victims.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit.