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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (five years of imprisonment, etc.) is too unreasonable.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the judgment of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). B. In light of the foregoing legal doctrine, the foregoing case is examined.
1) The court below held that the defendant did not have the intention of robbery.
In this case, the court has recognized the entire crime of this case as one of the most favorable to the defendant, and shows the appearance of reflecting one’s own mistake in depth, and there is no record of criminal punishment exceeding the fine, and there is no history of receiving mental treatment due to a long period of public disorder and depression.
2) On the other hand, the crime of this case is likely to be committed by the victim by threatening the victims, the knife tape and cable to kill the victims, the knife the victims, and the knife and knife their clothes and shoes that the victims would return to the victims, and the victims would return home, and the victims would return home, and the victims would be forced to return to the victims, and the victims would go home, and the victims would escape. In light of the criminal history and method, etc., the crime is very poor in light of the fact that the crime was committed, and there seems to be a high possibility of criticism that the victims would face more serious crimes due to the characteristics of the crime of intrusion into residence, and that the victims would feel serious fear and shock, and that the defendant did not receive the knife from the victims.
3) Other records of this case, including the Defendant’s age, sex and environment, family relationship, motive, background, means and consequence of the commission of the crime, and circumstances after the commission of the crime.