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(영문) 대전고등법원 2013.05.29 2013노90
강도치상등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (seven years of imprisonment) is too unreasonable.

2. The lower court determined that the Defendant was sentenced to 15 years of imprisonment with prison labor for a crime using a deadly weapon and committed two robbery by entering a shop with a deadly weapon at the time of the expiration of the parole period, and seven months of the parole period, and committing two offenses. In the course of committing a special robbery, the Defendant suffered injury to the victim; on the other hand, the victim did not want to be punished; the victims did not want to be punished; the Defendant recognized most of the crimes in this case, and took account of the following: (a) the Defendant was sentenced to imprisonment with prison labor for a prison term of seven years; and (b) the Defendant committed a special robbery; and (c) the victims did not want to have

Of the instant crimes, the statutory punishment for the crime of causing serious robbery is imprisonment for life or for not less than 7 years, and the sentence for the seven-year imprisonment with labor imposed by the court below as it constitutes a repeated crime prescribed by the Act on Special Cases concerning the Punishment of Specific Crimes due to a specific violent crime, which is a specific violent crime in the judgment of the defendant, is the lowest sentence of punishment in law, so there is no possibility of any further mitigation. In full view of other circumstances, including the defendant’s age, character and conduct, intelligence and environment, motive and circumstance of the crime, means and consequence, the circumstances after the crime, etc., the sentencing of the court below is unreasonable.

The defendant's assertion of unfair sentencing is without merit.

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

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