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(영문) 대전고등법원 2013.12.04 2013노447

강도상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (three years and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case, and the amount of damage is relatively minor, and that there was an agreement with the victims, etc.

However, in full view of the fact that the statutory penalty for the crime of injury by robbery of this case is imprisonment with prison labor for a limited term of not less than seven years and that the sentence determined by the court below was chosen as the lowest sentence after discretionary mitigation, and all other conditions of sentencing against the defendant, it cannot be deemed that the punishment determined by the court below is too unreasonable.

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.