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(영문) 대구고등법원 2014.05.14 2013노563
강도치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of the court below (two years of imprisonment and three years of suspended execution) is too unfunied.

2. The instant crime is highly likely to be subject to criticism, considering that the Defendant’s act of committing the instant crime was dangerous and planned to commit the instant crime, by entering the gold bank with carrying the electric shock machine, and by force withdrawal of money and having inflicted bodily injury on the victim.

On the other hand, the fact that the defendant acknowledges all the facts of the crime and reflects his mistake, the robbery of this case did not cause any property damage to the victim, the degree of injury suffered by the victim is not severe, the victim does not want the punishment against the defendant by mutual consent with the victim, the fact that the defendant does not have any criminal record, and the fact that the defendant voluntarily surrendered after the crime is favorable to the defendant.

In addition, in full view of various circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, the motive, means and consequence of the instant crime, the circumstances after the instant crime, etc., it is not determined that the sentence imposed by the lower court is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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