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(영문) 서울고등법원 2014.12.19 2014노3212
강도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have any fact that he delivered or taken charge of the victim's chest.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. The Defendant, in the lower court’s judgment on the assertion of misunderstanding of facts, has led to a dispute over this part of the facts charged, which led to the trial.

On the other hand, the statements of the victim are consistent and contradictory to the situation at the time, and there is no reason to suspect the credibility.

According to the statements of the victim with credibility, it is recognized that the defendant was spared by using sparingly the victim's sparing to the inside of the victim's hand, and that the defendant continued to take the chest of the victim's chest.

Therefore, this part of the defendant's argument is without merit.

B. The fact that the defendant has no record of punishment for the same kind of crime, and that the defendant's depth reflects the defendant's depth while recognizing the robbery is favorable to the defendant.

However, in full view of the following: (a) the crime of this case was committed on the road by the Defendant by force, and the nature of the crime was bad; (b) the victim was not recovered from damage; and (c) the Defendant’s age, character and conduct, environment, family relationship, motive, method, and consequence of the crime; and (d) various circumstances that are conditions for sentencing, such as the circumstances after the crime; and (e) the result of the application of the sentencing guidelines by the Sentencing Commission, it is not recognized that the sentence of

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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