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(영문) 광주고등법원 2017.11.23 2017노379
강도상해
Text

The appeal by the defendant and the prosecutor shall be dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the unfair argument of sentencing by both parties, and the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new sentencing data, and there is no change in the conditions of sentencing compared to the lower court.

In addition, comprehensively taking account of the circumstances favorable to the defendant, such as the fact that the nature of the crime was not good in light of the content of the crime that the defendant inflicted bodily injury on the victim in the course of robbery, and the fact that the defendant was unable to receive a letter from the injured person, etc., and the circumstances of sentencing shown in the records and pleadings including the circumstances favorable to the defendant, such as the robbery of the basic criminal was committed by the defendant, the sentence of the court below exceeded the reasonable scope of discretion.

shall not be deemed to exist.

We do not accept the argument of the defendant and the prosecutor that the court below's sentencing is unfair.

2. Conclusion, the appeal filed by the Defendant and the Prosecutor is dismissed for reasons.

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