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(영문) 서울고등법원 2018.10.11 2018노1951
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four years of imprisonment) is too unreasonable.

2. The Defendant recognized all of the instant crimes and reflected his mistake.

The victims agreed with E, G, P, and V, and C have compensated for damages.

The Defendant had the record of receiving medical treatment due to activity and due care disorder, and each of the crimes of this case seems to have been committed at that time when the Defendant was unable to properly control his impulse.

Economic benefits acquired by the defendant due to the crime, such as robbery and conflict, are relatively small, and the degree of injury suffered by the victims is not very serious.

However, even though the Defendant had been punished for the same crime, the Defendant committed multiple crimes, such as robbery, robbery, robbery, fraud, theft, etc. for a short time during the period of repeated crime, which has not yet been long since the execution of imprisonment was completed. Examining the background, method, etc. of each of the crimes of this case, the nature of each of the crimes of this case is not much good.

Many victims are victims, and K and U did not recover from damage.

Considering the aforementioned various circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of a crime, various sentencing conditions as indicated in the pleadings, such as the circumstances after the crime, and the sentencing guidelines determined by the Supreme Court’s Sentencing Committee, it is difficult to deem that the Defendant’s sentence imposed by the lower court is too unreasonable to the extent that it is deemed that the Defendant exceeded the reasonable scope of discretion.

The above assertion by the defendant is without merit.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is without merit.

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