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(영문) 부산고등법원 2016.02.17 2015노753
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal (three years and six months of imprisonment) is too unreasonable.

2. In light of the favorable circumstances for the defendant, such as the fact that the defendant was likely to have committed the instant crime contingently while living in the military after discharge, that the victim did not want the punishment against the defendant by agreement with the victim, that the defendant is the first offender, that is, the emotional support relationship between his family and the relationship between social ties is clear, etc., the instant crime is committed by force and inflict bodily distress on the female who returned to the mixed house at night. The victim seems to have suffered considerable physical mental distress due to the instant crime. The punishment imposed by the court below against the defendant and the defendant committed the instant crime is the highest applicable punishment that reduced a small amount, taking into account the above favorable circumstances for the defendant, and all other factors such as all other factors such as sentencing prescribed in Article 51 of the Criminal Act.

subsection (b) of this section.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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