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(영문) 광주고등법원 (전주) 2020.05.08 2020노55
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years and six months of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and reflected the mistake.

There is no history of criminal punishment for the defendant.

The robbery, which is a basic crime, has committed an attempted crime and the defendant has no profit from committing the crime of this case.

The degree of injury of the victim is not relatively more severe.

These points are favorable to the defendant.

On the other hand, the crime of this case attempts to threaten the victim who was in a state of anti-brupt by preparing a knife to be used by the defendant for robbery, coloring the target of the crime, and operating the mixed beauty room, and to forcibly take the property.

The nature of the victim's injury and the circumstances of the crime are not good.

The victim seems to have suffered a big mental and physical shock due to the crime of this case.

The defendant did not reach an agreement with the victim.

These points are disadvantageous to the defendant.

As above, comprehensively taking account of the sentencing circumstances, including the circumstances favorable to the defendant and unfavorable circumstances, and other factors, such as the defendant’s age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, etc., as well as the sentencing conditions stipulated in Article 51 of the Criminal Act, which are revealed in the arguments and records, it cannot be deemed that the sentence imposed by the court below is too unreasonable to the extent that it is deemed that the defendant exceeded the reasonable scope of discretion

(The sentence sentenced by the original sentence is the final sentence of imprisonment for life or for a limited term of not less than seven years, which imposes the lowest sentence within the scope of discretionary mitigation). Therefore, the Defendant’s assertion of unreasonable sentencing cannot be accepted.

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

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