logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2016.05.03 2016노4
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In the first instance of the judgment, there was an additional agreement with some victims, and the victims do not want the punishment of the defendant, the defendant deposited in the court below for some victims, or recovered part of the damaged goods, the degree of injury of the injured victims is not limited, the defendant confessions all of the crimes and is in profoundly against the victim, and the defendant submitted a statement of reflection several times, and again does not prevent re-offending.

There are circumstances that can be considered favorable to the defendant, such as the fact that the defendant is moving.

However, the crime of this case is committed by the Defendant who committed the larceny in a planned and repeated manner, pretending to be the cause of electrical interrogation, and the nature of the crime is inferior, and the victims of the larceny have not been injured, and the Defendant has been punished three times for the same type of larceny crimes in the past, and is disadvantageous to the Defendant.

Considering the aforementioned favorable or unfavorable circumstances and the various conditions of sentencing as shown in the records and arguments of this case, such as Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, and sentencing guidelines of the Supreme Court Sentencing Committee, etc., the sentencing of the lower court cannot be deemed unfair because it is too unreasonable.

Defendant’s assertion is without merit.

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.

arrow