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(영문) 부산고등법원 2016.01.20 2015노694
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s sentence (4 years of imprisonment) against an unjust defendant is too unreasonable.

2. Determination

A. According to the record on the assertion of mental and physical weakness, even though the Defendant was deemed to have drunk at the time of committing the instant crime, in view of the background leading up to the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, etc., the Defendant was in a state that the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions.

Therefore, the defendant's above assertion is without merit.

B. As to the unjust assertion of sentencing, there are favorable circumstances for the defendant, such as the confession of the crime of this case and the fact that the defendant committed robbery based on the crime of this case, the crime of robbery is committed against the attempted crime, and the degree of injury suffered by the victim is relatively heavy. However, the crime of this case is committed in the middle of the night by drinking twice the face of the victim in order to forcibly take the handbags of the victim who returned alone from the entrance of the underground road, and as soon as possible, assault the victim on two occasions at the victim's left hand at the entrance, but the victim committed violence against the victim, thereby causing injury to the victim. In light of the victim's motive and motive, method and contents of the crime, result of the crime, etc., the crime of this case is heavy, even though the defendant was a repeated crime due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is more likely to do so, the crime of this case is committed again during the period of punishment, and the sentencing guidelines set forth in the Criminal Act and its sentencing guidelines.

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