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(영문) 부산고등법원 (창원) 2013.05.31 2013노118
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of injury by mistake of facts, the Defendant did not shoulder the victims in order to evade arrest, but merely did it have a strong pressure from the victims to pressure their body so that the victims may suffer from the pain so that the crime of injury by robbery is not established, and thus, the crime of injury by robbery is not established.

B. The sentence imposed by the first instance court of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. In the first instance court’s determination of mistake of facts, the Defendant asserted the same as the grounds for appeal of this case, and the first instance court’s determination on the assertion of the Defendant and his defense counsel stated in detail the above assertion and its determination in the judgment. In line with the records, the first instance court’s determination is just and acceptable. Thus, this part of the Defendant’s assertion is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is recognized as a favorable sentencing factor, such as the following: (a) the Defendant’s mistake is against his own fault; (b) the victim of the robbery was not much weighted; and (c) the victim F was the Defendant’s wife against the Defendant; and (d) a part of the stolen goods was returned.

However, the Defendant had a record of having been punished several times due to the larceny, and committed the larceny again in several weeks after having been sentenced to imprisonment with prison labor due to the larceny and having been released from the prison, and committed the same crime several times during which the commission of the larceny was discovered, and then committed several times to the victims in order to escape arrest. In the course of larceny, the Defendant prepared tools, such as small cutting machines and drber, etc. in advance during the course of larceny, cut off the crime prevention windows, and then stolen property by intrusion upon another person’s residence, etc., and then committed an unfavorable sentencing factor such as the injury related to the larceny.

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