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(영문) 대구고등법원 2013.12.12 2013노521
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the original court’s imprisonment (three years and six months of imprisonment) is too unreasonable;

2. The Defendant is an initial criminal who had no previous criminal record.

The Defendant recognized all the crimes of this case, and reflects his mistake.

The defendant has committed violence against the victim in order to escape arrest, and there are many points to consider the circumstances of the crime, such as the victim's degree of injury and the failure to force the victim to withdraw goods.

The defendant shall support urine suffering from high blood pressure or urology.

These circumstances are favorable to the defendant.

However, the crime of this case was committed by the defendant by intrusion upon the victim's residence, and was discovered to the victim, and the victim was injured by the victim for the purpose of evading arrest, and the robbery was prepared by possessing her age, etc. at the night time, and the nature of the crime is very heavy.

There was no agreement with the victim.

These circumstances are disadvantageous to the defendant.

There is no special change in circumstances in the past.

It is difficult for the court below to take more favorable measures against the defendant by imposing a maximum sentence after reducing the statutory penalty.

In addition to this point, the sentencing of the court below is not deemed unfair because the sentencing of the defendant is too inappropriate considering the various circumstances that are conditions for sentencing, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, and the scope of the recommended sentencing criteria.

3. 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.

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