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The defendant's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the court below (a prison labor of three years and six months, and confiscation of seized knife) is too unreasonable.
2. Examining the various sentencing conditions in the instant case, there are parts of the circumstances favorable to the Defendant, such as the fact that the Defendant was showing to reflect in depth the mistake while attempting to commit all the instant crimes, that some of the damaged goods was returned to the victims, and that the Defendant did not have any criminal record more than a suspended sentence.
However, each of the crimes of this case committed several times in order to raise living expenses while living in the old time after the defendant was released from prison by reason of indivation of home, etc., and led to the crime of taking cash by putting a dangerous weapon at the night of the early night. In light of the circumstances and methods of the crime, and the frequency of the crime, etc., the nature of the crime is very inappropriate. The statutory punishment for the special robbery of this case is imprisonment with prison labor for life or for not less than five years. The court below acknowledged that the punishment of this case is unfair by comprehensively considering the following factors: (a) the punishment of this case is limited to imprisonment with prison labor for a limited term and for a limited term of not less than two years; (b) the punishment of imprisonment with prison labor for not less than three years and six months near the lower limit of the recommended punishment set in the sentencing guidelines (a period of not less than three years), and (c) the punishment of the defendant is deemed to be unfair, considering the following factors: (d) the defendant's age, character and behavior, family relationship, and circumstances after the crime.
Therefore, the defendant's ground of appeal disputing unfair sentencing is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.