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(영문) 광주고등법원 (전주) 2014.07.01 2014노83
강도상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (the fine of KRW 1,00,000 for the crime under paragraph (1) of the original judgment and the imprisonment of August for the crime under paragraphs 2 and 3 of the original judgment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

All of the crimes of this case committed by the Defendant are confessioning each of the crimes of this case, and the victim is one victim due to the crimes of paragraph (1) of the judgment below, and the amount of damage is only 150,000 won, and the degree of injury of the victim F due to the crimes of paragraph (3) of the judgment of the court below seems to be relatively minor, and the victim F does not want punishment against the Defendant. The crime of paragraph (1) of the judgment of the court below is committed in relation to the attempted larceny for which judgment became final on January 15, 2014 and the latter part of Article 37 of the Criminal Act, which are concurrent crimes of Article 37 of the Criminal Act, which are favorable to the Defendant.

On the other hand, the crime of this case was committed not only by the defendant, without the intention or ability to sell the goods through Internet NVber C, by receiving the proceeds of the goods from the victim C, but also by infringing the victim F's residence for the purpose of theft of property. In this process, the crime of this case was committed with the loss of the victim F's hand in order to escape the victim F, which was discovered to the victim F and added it, and the crime of this case was not less severe, and the defendant has been punished for the same crime several times prior to each crime of this case. In particular, the defendant was punished for the same crime prior to each crime of this case, even though he was sentenced to imprisonment with prison labor for 4 months and suspended sentence for 2 years as a result of attempted larceny, and the defendant committed the crime as provided in paragraphs 2 and 3 of the decision of the court below, and the agreement of the victim C to recover the damage caused by the crime as provided in paragraph 1 of the court below.

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