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(영문) 대전고등법원 (청주) 2014.02.07 2014노14
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is unreasonable because the punishment of imprisonment (four years of imprisonment, confiscation) is too unreasonable.

2. There are favorable circumstances such as that the Defendant’s mistake is divided, that the degree of injury the victims suffered due to each of the crimes of this case is not serious, and that the victims reached an offense in an economically difficult situation.

However, the crime of this case was committed on May 29, 2008 after the Defendant was released from the custody and custody on December 19, 2008 and then again committed the crime of this case more than one year after the Defendant was released from the custody on May 29, 201, considering the following as a whole: (a) the police officer, who was called out to receive a theft of property by destroying or destroying a multi-gate door door by using the tools, such as Draber, was found to have inflicted an injury on the police officer for the purpose of evading arrest; and (b) the Defendant was sentenced to a punishment for the same kind of crime, etc. on several occasions; and (c) the Defendant was sentenced to a punishment for robbery injury on December 14, 2001; and (d) the Defendant committed the crime of this case more than one year after being released from the custody and custody on May 29, 201; and (e) the various sentencing conditions and arguments, including the Defendant’s age, character and environment, conditions before and after the crime.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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