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(영문) 대전고등법원 2015.07.24 2015노208
강도상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Judgment on the Grounds for Appeal

A. In light of the circumstances indicated in the record, such as the background leading up to the instant crime, the Defendant’s behavior at the time of committing the instant crime, the circumstances after committing the instant crime, etc., the Defendant did not have the ability to discern things or make decisions due to his personal injury, etc. at the time of committing the instant crime.

in such a manner as to be deemed to have been or weak.

We cannot accept the argument that the defendant was suffering from mental disorder under the influence of alcohol at the time of committing the instant crime.

B. In full view of the circumstances that the lower court’s sentence imposed on the Defendant by asserting unfair sentencing is the lowest sentence imposed on the statutory penalty prescribed in the crime of injury by robbery committed by the Defendant, and there is no possibility of additional reduction, and thus, it cannot be deemed that the sentence imposed on the Defendant is too heavy. Meanwhile, the circumstances that the lower court rendered by the lower court (the fact that the Defendant recognizes the instant crime as a substitute and reflects it, the victims’ physical and property damage is not significant) and the sentence imposed on the Defendant is within the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee, and other circumstances that are the conditions of sentencing revealed by the record, it does not seem that the sentence imposed on the Defendant by the lower court is somewhat minor to the extent that the sentence imposed on

The judgment of the court below cannot be deemed that the amount of punishment imposed by the defendant, his defense counsel, or the prosecutor has an unreasonable ground, as alleged in the grounds for appeal.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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