강도치상등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy or (three years of imprisonment) it is too heavy to the defendant (the defendant).
2. The Defendant committed the instant crime again during the period of repeated crime even though he/she was sentenced to one year of imprisonment with prison labor by larceny, etc. in 2014, even though he/she had been sentenced to a prison term for a long time since he/she committed a number of identical and similar crimes, and the victims wish to punish the Defendant.
However, there are extenuating circumstances that can be considered favorable to the defendant, such as the fact that the defendant recognized all of his mistakes in this court, the victims' property and physical damage are relatively large, and property damage is most recovered.
In full view of various sentencing conditions in the instant case’s records and arguments, such as the Defendant’s age, sex, environment, motive and background of a crime, means and method of a crime, and circumstances after a crime, which are favorable or unfavorable to the Defendant, the lower court’s punishment cannot be deemed as improper to the extent that it should be destroyed because it is too heavy or unhued.
All of the arguments of the defendant and the prosecutor are rejected.
3. Conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in entirety pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.