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(영문) 서울고등법원 2020.09.17 2020노1156
특수강도
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (three years of imprisonment and confiscation) is too unreasonable.

Judgment

On April 24, 2019, the lower court determined that the Defendant’s punishment against the Defendant is imprisonment with prison labor for three years and confiscation, comprehensively taking into account the following factors: (a) the Defendant was sentenced to a suspended sentence of two years for a special injury by imprisonment with prison labor for six months at Seoul Southern District Court on April 24, 2019; (b) the Defendant was under a suspended sentence of two years; (c) the Defendant was able to punish the Defendant; and (d) the Defendant’s commission of the Defendant’s punishment; (c) the Defendant’s commission of all the instant crimes; and (d) the 1.30,000 won out of the damaged goods was returned to the convenience store proprietor D; and (c) the Defendant had no record of being punished for the same kind of crime prior to the instant crime; and (d) all the sentencing factors revealed in the trial process of the lower court,

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, there are no circumstances that the court below's decision on the sentencing of the defendant, claiming in this court, has already been taken into account in determining the defendant's punishment, and there are no other circumstances that the court below's decision on the sentencing of the court below is too unreasonable even when considering the materials presented during the sentencing hearing of this court.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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