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(영문) 서울고등법원 2017.08.24 2017노1450
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of committing robbery among the facts charged, inasmuch as it was extremely minor in the upper part of the victim D (hereinafter “victim”) and the victim could not be deemed to have suffered bodily injury.

B. The punishment sentenced by the lower court (three years and six months of imprisonment) is excessively unreasonable compared to the extent of the Defendant’s responsibility.

2. Judgment on the grounds for appeal

A. As to the assertion of misunderstanding of the legal principles, the court below rejected the above assertion in detail by stating in the judgment of the court the decision that "the judgment on the assertion of the defendant and his defense counsel" under the title "the judgment on the assertion of the defendant and his defense counsel". A thorough comparison with the above judgment of the court below with the records, the defendant suffered bodily injury by the defendant's coercion.

The judgment of the court below is just and acceptable. Contrary to the defendant's assertion, the court below did not err by misapprehending the legal principles on injury to robbery, thereby affecting the conclusion of the judgment.

B. As to the unfair argument of sentencing, the court below sentenced the maximum possible sentence by law taking into account the following circumstances: while considering the nature of each of the crimes of this case and the fact that the crime of this case is extremely poor, the degree of injury to the victim is not severe, the defendant did not obtain financial benefits, the victim did not want the punishment, and the defendant did not have any past record of criminal punishment in the Republic of Korea, and the defendant did not have any past record of criminal punishment in favor of the defendant. Such a sentence of the court below is too unreasonable, and therefore, the defendant's unfair argument of sentencing is also

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

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