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(영문) 서울고등법원 2015.03.27 2015노168
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced to the defendant is too unreasonable (two years and six months of imprisonment and confiscation).

2. There are circumstances that can be considered favorable to the circumstances of the Defendant, such as the fact that the Defendant made a confession of all the crimes and submitted several rebuttals, and that the amount of each damage inflicted on the theft and the fraud of this case is not so significant, and the injury of the robbery and the injury to the victim of robbery does not reach the degree of rushness, that the Defendant agreed with all the victims except one of the victims of larceny, and that the Defendant has no criminal record exceeding the fine, etc.

However, the instant crime is a larceny crime with more than six times, a single fraud crime, and a single robbery and injury inflicted on women, including the frequency of the crime, and the robbery and injury by using a kacker, which is a dangerous object.

However, the statutory penalty for the crime of robbery injury is imprisonment with prison labor for life or for not less than seven years, and thus, the punishment of imprisonment with prison labor for three years and six months sentenced by the court below by taking into account the above favorable circumstances and applying discretionary mitigation is the lowest possible applicable sentences.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of grounds.

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