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(영문) 광주고등법원 2014.03.20 2013노572
강도상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years and six months of imprisonment) is too unreasonable.

Judgment

The following are the factors that are favorable to the Defendant: (a) the Defendant’s mistake is divided and contradictory; (b) the Defendant has no record of criminal punishment heavier than a fine prior to the instant case; (c) there are some circumstances to consider the background leading to the instant crime; (d) the degree of injury to the victim is not relatively heavy; and (e) most of the damaged goods were returned to the victim and recovered to the extent that physical damage is considerable.

However, the court below's punishment is unreasonable in light of all the circumstances, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., in which the defendant planned the crime in advance and carried excessive punishment, and took property against the female female who sees the collection of her family, and the victim was inflicted by assaulting the victim in the process, and the defendant did not take all measures to recover from damage until now, and the crime of robbery and injury by robbery under Article 337 of the Criminal Act is punishable by imprisonment with prison labor for life or for not less than 7 years. Thus, even if the defendant selects the imprisonment with prison labor, the sentence imposed by the court below on the defendant without any additional legal mitigation is the maximum sentence of the court below, and the defendant's age, character and conduct, and circumstances after the crime, etc., are considered to be unfair.

In conclusion, the appeal by the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendant are without merit.

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