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(영문) 서울고등법원 2018.01.18 2017노3204
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (the imprisonment of three years and six months, and confiscation) on the summary of the grounds for appeal is too unreasonable.

2. The lower court, in light of the fact that the injury suffered by the victim is not less severe, the nature of the crime and the circumstances of the crime, and the method of the crime, etc., shall be considered to be disadvantageously considered, but the sentence was determined within the recommended range of the sentencing guidelines by taking into account the following circumstances: (a) there is no criminal record exceeding the fine imposed on the defendant; (b) the criminal is divided and reflected against the defendant; and (c) the victim wants the Defendant’s preference.

Considering such circumstances in the trial of the party and the fact that the punishment sentenced by the court below is the most minor punishment that can be sentenced by law to the defendant, although the defendant dices alcohol at the time of committing the crime.

Even if the sentence of the court below is too large, so it cannot be deemed unfair.

Therefore, the defendant does not accept the defendant's unfair argument.

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.

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