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(영문) 서울고등법원 2017.02.09 2016노3664
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the judgment of the defendant is divided into his mistake, and that the defendant does not want the punishment of the defendant by agreement with the victim.

However, the crime of robbery in this case is committed by assaulting the victim of a person living together with his mind, taking property by force by the victim's money, etc. used on the floor, and causing bodily injury to the victim, such as the victim's eye and scambling, etc., and the nature of the crime is not good. The statutory punishment for the crime of robbery in this case is imprisonment with prison labor for life or for not less than seven years, and the court below decided three years and six months for a maximum amount of imprisonment with prison labor after choosing a limited amount of imprisonment, and sentenced by the court below. In addition, considering the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the above assertion by the defendant 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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