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(영문) 서울고등법원 (춘천) 2014.06.25 2014노72
강도상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant of misunderstanding of facts does not steals property as stated in the instant facts charged.

(2) The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of fact, since the defendant can sufficiently recognize the fact that the defendant steals an article as stated in the judgment of the court below, the defendant's assertion against it

B. Although the Defendant and the prosecutor’s assertion of unfair sentencing in the instant case have a minor degree of damage to the property of the instant crime, and the victim’s injury is relatively minor, the Defendant committed the instant crime only within a period of two months after the execution of imprisonment is completed, and the Defendant does not deny and reflect part of the instant crime in the trial, and other various sentencing conditions indicated in pleadings, such as age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the crime, etc. are examined, it cannot be deemed unfair to deem that the sentence imposed by the lower court is too heavy or difficult to reverse, even if it is too unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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