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(영문) 서울고등법원 2018.09.12 2018노1496
강도상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendants to the punishment (three and a half years of imprisonment) is too unreasonable.

2. The Defendants are fully aware of and against each of the instant crimes.

According to the direction of H, the Defendants appears to have participated in the crime of seeking an economic benefit of KRW 200,000 per day, and the victims do not want to be punished against the Defendants by agreement with the victims, and there is no history of criminal punishment.

However, in the case of robbery of this case, the Defendants, along with H for the purpose of receiving money from the injured party, used the victim’s personal body flag with H off the clothes, and used the victim’s personal body flagly and recklessly, and the nature of the crime is not very good, and the degree of the Defendants’ participation is light.

shall not be effective.

In particular, the punishment of imprisonment for three years and six months sentenced by the court below is the lowest sentence of the applicable sentences that reduce the amount of statutory punishment, and it is impossible to sentence a sentence that is lower than that of the law.

Therefore, even in full view of all the sentencing conditions as shown in the instant pleadings, including the Defendants’ age, sex, environment, motive and background of the crime, and circumstances after the crime, the sentence imposed by the lower court cannot be deemed unfair.

3. The appeal by the Defendants is dismissed on the grounds that all of the appeals are without merit.

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