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(영문) 서울고등법원 2019.09.20 2019노1361

강도등

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the original judgment (two years of imprisonment) is too unreasonable.

Judgment

The lower court, based on the circumstances favorable to the Defendant, determined a punishment within the recommended range of the sentencing guidelines set by the Sentencing Committee, considering the following factors: (i) the crime of this case was committed against women in the past, where the nature of the crime is bad in light of the method and content of the crime; (ii) the Defendant did not take any practical measures to recover damage; and (iii) the Defendant had the record of having been punished for the same kind of crime; and (iv) the fact that the Defendant was erroneous and contradictory to the Defendant; and (iii) the Defendant did not

The sentencing of the court below seems to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances to be assessed differently from the sentencing conditions of the court below until the trial is held.

In addition, considering the defendant's age, character and conduct, environment, family relations, criminal records, circumstances after the crime and the result of the crime, all the sentencing conditions shown in the arguments, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the court below is too unreasonable to escape the reasonable scope of discretion.

Defendant’s assertion is without merit.

The appeal by the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the appeal by the defendant is groundless.