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(영문) 서울고등법원 2013.05.16 2013노940
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The sentencing conditions that are favorable to the defendant are not relatively more severe than the degree of injury suffered by the victim, and the defendant also suffers serious injury in the course of being arrested by the victim, the victim does not want punishment, and the defendant reflects the wrongness of the victim.

However, the Defendant committed the instant crime on April 7, 200, only one year and three months after the parole period has elapsed since he was released from Seoul High Court sentenced 12 years to imprisonment for robbery, etc. at the Seoul High Court on April 7, 200, taking into account the following as a result of the Defendant’s favorable sentencing conditions and the fact that the sentence imposed by the lower court was in a weak mental and physical condition under the influence of alcohol at the time of the commission of the instant crime, the lower court’s punishment is the maximum of two years and six months of imprisonment with prison labor in law, and was under the scope of the recommended sentence set forth in the sentencing guidelines of the Supreme Court Sentencing Committee, and was under the maximum of six years and six months of imprisonment with prison labor, simple assault and intimidation to evade arrest, the lower limit of two years and six years of imprisonment with prison labor, and other various sentencing conditions, such as the Defendant’s age, character and behavior, environment, the background of the instant crime, and the circumstances after the commission of the crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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