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(영문) 광주고등법원 (전주) 2018.09.04 2018노87
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of four years and six months) is too unreasonable.

2. The degree of injury to the victim of the robbery of this case is relatively heavy.

In this court, the defendant appeared to have committed the crime of this case at the latest, and the defendant committed the crime of this case, and shows his attitude of misunderstanding the mistake.

These points are favorable to the defendant.

On the other hand, the crime of this case is highly likely to be committed in light of the following: (a) the Defendant invaded upon another person’s residence at night and stolen the object, and the method of committing the crime is not good; (b) one of them was discovered by the victim; (c) the victim was inflicted bodily injury upon the victim to escape arrest; (d) the total amount of damage was large; and (e) the Defendant acquired cash by selling stolen bail; and (e) used it for entertainment expenses, etc.

The victims are punished by the defendant, and the defendant has not made efforts to recover damage.

The Defendant committed each of the crimes in this case during the period of repeated crime not exceeding one year, since he completed the execution of imprisonment for a crime similar to each of the crimes in this case.

In particular, from around 1984, there is a high possibility of criticism in that the crime of this case was committed in the same kind of crime, even though there was a record of the suspension of the execution of imprisonment and the punishment several times due to the crime of intrusion into residence, special larceny, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief), robbery, robbery, robbery, larceny, etc.

These points are disadvantageous to the defendant.

In addition, in full view of all the sentencing conditions, such as the defendant's age, sex, environment, motive and background of the crime, the means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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