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The defendant's appeal is dismissed.
Reasons
1. The lower court dismissed the public prosecution on the insult of the facts charged in the instant case and sentenced the remainder of the facts charged.
Accordingly, the defendant filed an appeal against the guilty portion, and the prosecutor did not file an appeal separately, so the dismissal part of the prosecution in the judgment below was separated and finalized.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
3. The Defendant recognized the fact that he assaulted the victim for the purpose of evading arrest for the purpose of evading arrest in this court, and is against his own mistake.
The amount of damage caused by the instant crime is not so significant, and all damaged money and valuables were returned to the victim, and the degree of assault is relatively minor.
After having experienced difficulties in maintaining the livelihood of the Defendant, the Defendant seems to go to commit the instant crime.
The victim has not been punished for the defendant.
On the other hand, the crime of this case committed by the Defendant by thefting the Defendant’s fund-raising help from the formation of a relationship, and then committing assault to the Defendant for the purpose of evading arrest of the victim who attempted to escape. The nature of the crime is not good in light of the content and method of the crime.
In light of the fact that the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case, even after having completed the execution of imprisonment with prison labor on December 18, 2019 through special larceny, etc. on several occasions in the past, he was punished by imprisonment with prison labor, etc., it seems that the awareness of compliance is very weak and the risk of recidivism is high.
In addition, considering various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, the lower court’s punishment is adequate.