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(영문) 대전고등법원 2015.02.06 2014노581
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (three years of imprisonment) is too unreasonable.

2. Determination is that there is a reason to take into account the sentencing of the defendant, such as the confession of the crime of this case and the fact that the defendant is against the attempted crime, the robbery is committed in the attempted crime, the injury suffered by the victim is relatively excessive, the husband of the victim wants to be forgotten in the case on behalf of the victim who wants to be forgotten, the defendant voluntarily surrenders to the investigation agency, the defendant voluntarily surrenders to the investigation agency, and the fact that the defendant donated KRW 3 million to the regional Juvenile Scholarship Council located in lieu of the agreement amount.

However, in light of the fact that the crime of this case was committed by the Defendant, carrying with his own excessive and hearing tape, booming the victim with excessive amount of money and excessive withdrawal of money to the victim, causing bodily and mental harm to the victim, and the victim appears to have suffered significant physical and mental pain due to the crime of this case, etc., the sentencing of the court below, which is within the scope of recommended sentencing guidelines of the Sentencing Commission (one year to six years of imprisonment) after the sentence of the court below, in this case where there is no change in circumstances following the sentence of the court below, is difficult to view that it is unfair because it is too too unreasonable.

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

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