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(영문) 부산고등법원 (창원) 2013.03.22 2012노348
강도치상등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the reasons for appeal (limited to four years and six months of imprisonment and confiscation) shall be too unreasonable;

2. Determination is recognized as a favorable sentencing factor such as the following: (a) the Defendant’s urology, chronic kidney diseases, cardiopulmonary fluence, etc.; (b) the victim D suffered injury in the process of the Defendant’s knifeing the dancing knife by hand; (c) the cash and passenger cars were recovered from the victims; and (d) the Defendant divided the knife of the knife.

On the other hand, the Defendant committed the instant crime again during the period when he was previously sentenced to the suspension of execution during the period of imprisonment with prison labor, and the Defendant: (a) purchased mountain knives and the presses of anti-credit crime prevention gas in advance and prepared to commit the instant crime; and (b) the Defendant falsely speaks that he sold his cell phone in order to deduct money and valuables from victims even without cellular phone; and (c) and (d) forcibly takes cash and automobiles possessed by the victims.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed to be adequate, and it cannot be deemed that it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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