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(영문) 광주고등법원 2013.08.22 2013노289

특수강도

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 (two years and six months of imprisonment) is too unreasonable.

2. According to Article 334(2) and Article 334(1) of the Criminal Act, which applies to the instant crime, the statutory penalty is imprisonment for life or for not less than five years. Therefore, in the instant case where no legal grounds for mitigation exist, the punishment for two years and six months, which the court below sentenced to the Defendant, is the lowest 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.