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(영문) 서울고등법원 2017.04.18 2017노322
강도상해등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (five years of imprisonment) that the court below sentenced against the defendant is too unfasible and unfair.

Judgment

The Defendant had been punished several times due to the theft crime, including three times of punishment. Among them, the Defendant committed robbery along with the commission of robbery, and served a prison term of three and a half years of imprisonment. Nevertheless, the Defendant committed the robbery of this case, which is the same kind of crime, several times within a short time, and the Defendant committed the robbery of this case and each larceny, which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes all of the crimes from the investigative agency and reflects his mistake in depth, that some of the larceny crimes are attempted, that the value of the damaged money and valuables is not large, and that some of the victims do not want the punishment of the defendant is favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the scope of recommended sentences according to the sentencing guidelines established by the Supreme Court sentencing committee, it is not determined that the sentence imposed by the lower court is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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