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(영문) 대구고등법원 2016.05.19 2016노138
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The judgment of the Defendant reflects the error while admitting all the instant crimes, and the Defendant’s forcibly taken or stolen articles are food, brupted or small cash.

The defendant seems to have sent the 20th latter half-year youth without any previous conviction, and it appears that the defendant had committed the instant crime while living together with his house while living together with his house, but it seems that there is sufficient possibility to improve his character and conduct in the future. The defendant agreed with a considerable number of victims or received a letter of commitment.

It seems that social ties are clear such as the family and branch of the defendant's family and the defendant's wife for the defendant.

However, the instant crime was committed in several times by the Defendant committed or attempted a special robbery and night intrusion larceny, and during that process, the instant crime was committed by the victim D (former five weeks), F, and H (former four weeks) who is a female aged older than 70 years old, thereby inflicting bodily injury on him/her over 2 weeks to 5 weeks or 5 weeks. In light of the content of the crime and the method of the crime, the relevant crime is highly serious.

Therefore, it is inevitable to strictly punish the defendant.

In full view of such circumstances as the motive, means, and consequence of the instant crime, and the statutory punishment (a life imprisonment or imprisonment with prison labor or for not less than seven years) for the crime of robbery, including the circumstances after the instant crime, the lower court is determined to be within the appropriate range of sentence corresponding to its liability, and the sentence is frighten.

subsection (b) of this section.

Therefore, the defendant's argument cannot be accepted.

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. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure).

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