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(영문) 광주고등법원 (전주) 2014.06.17 2014노74
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below's sentencing (three years and six months of imprisonment) is too unreasonable in light of the various circumstances favorable to the defendant.

2. The facts charged in this case appear to have been recognized as all of the facts charged in this case and are against their depth. The defendant's agreement with the victims of special robbery and partial larceny does not want the punishment against the defendant, and the defendant has no record of criminal punishment in addition to the one-time fine, etc. However, in a case where the facts charged in this case are found guilty of all of the facts charged in this case, three years and six months have passed since the court below's decision that sentenced the defendant 3 years and six months imprisonment with prison labor through discretionary mitigation was sentenced to imprisonment, unless there are other legal mitigation grounds. However, in this case where the court below's decision that found the defendant guilty of all of the facts charged in this case and sentenced the defendant 3 years and six months through discretionary mitigation was appealed only on the grounds of unfair sentencing, even if considering the above circumstances favorable to the defendant, the sentence imposed by the court below against the defendant cannot be deemed to be unfair. Thus, the defendant's argument is

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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