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The defendant's appeal is dismissed.
Reasons
1. The sentence of imprisonment with prison labor for the first instance (four years of imprisonment) shall be too unreasonable;
2. The crime of this case is committed on the part of the defendant who was unable to repay the money borrowed from the defendant, and the defendant took the knife and inflicted an injury on the victim's property by carrying the knife jointly with other accomplices. The crime of this case is committed on the part of the defendant, considering the method, contents, and motive of the crime, such as using a knife with a knife of about 47 cm, which is very poor in the nature of the crime, and considering the fact that the defendant is multiple persons of the victim's daily length, the defendant took the lead of the crime of this case, such as having accomplices gather a deadly weapon with a deadly weapon to a place where the crime is committed, and the defendant sawd all the money taken by the defendant with the F, and further, the defendant committed the above serious crime while the defendant is currently illegal in Korea
However, the first instance court takes into account the following facts: (a) the Defendant has no record of punishment in the Republic of Korea and is seriously against the Defendant; (b) the victim’s property damage or injury is relatively excessive; and (c) the Defendant raises two children that the Defendant’s spouse has raised between the Defendant and his prompt release; and (d) upon taking into account various sentencing conditions, including the Defendant’s age, character and conduct, criminal records, occupation and environment, the Defendant’s discretionary mitigation for the Defendant; (b) the scope of sentencing (from June to July 6 of the imprisonment to June of the same year) is set in favor of the Defendant; and (c) the scope of sentencing for the case where the result of the risk of injury on the sentencing guidelines set forth in the sentencing guidelines set by the Sentencing Committee is set forth in the second category (special robbery) and 4 to 7 years of imprisonment.
In light of all the sentencing materials in the records of this case, the sentence of the defendant is sentenced to a punishment of four-year imprisonment with prison labor equivalent to the lower limit. In light of all the sentencing materials in the judgment of the court of first instance, the sentence of the defendant is sentenced to the lower limit and the sentencing criteria.