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(영문) 부산고등법원 2015.06.24 2015노197
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflected, only the fact that the defendant was sentenced once to a fine due to the violation of the Road Traffic Act, and the fact that the damaged items were temporarily returned, etc.

However, the Defendant returned to the deadly weapons purchased in the commission of robbery, and returned to the public notice room that he had resided before the commission, threatening the victims, assaults, and forcibly taking property. As a result, the victims not only suffered injuries but also suffered from severe impulses, and have withdrawn money by using a cash card taken by the victim E, and the victims did not receive a letter of suspicion. In addition, comprehensively taking account of all kinds of sentencing factors indicated in the records, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc., and the result of the application of the sentencing guidelines of the Sentencing Commission, the sentence imposed by the court below cannot be justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal.

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