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(영문) 서울고등법원 2012.11.22 2012노2942
강도상해
Text

The defendant's appeal is dismissed.

Reasons

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

2. The sentencing conditions that are favorable to the Defendant are the following: (a) the Defendant, since the investigative agency and the Defendant were in depth divided his mistake from the time of this court to the time of this court; (b) the Defendant did not want to punish the Defendant more; (c) the Defendant did not have any record of punishment prior to the instant crime; (d) the Defendant was unable to fully pay interest on the loans after having failed to run his business; (c) the Defendant was committed against the instant crime in the economic difficult situation; and (d) the Defendant was not forced to withdraw from this economic difficult situation; and (d) the Defendant was not strongly withdrawn from the victim’s goods; and (e) the injury suffered by the victim was not relatively excessive.

However, the crime of this case was planned after the defendant planned robbery in advance, prepared a pressure roof to remove the knife part of the defendant's body, and used the knife part of the 59-year-old women's head in the apartment complex with the knife back part of the knife inside the apartment complex, and caused the victim to undergo a two-day treatment. The crime was planned and sealed, not only was considered as a woman who can easily control the target of the crime, but also the result of serious bodily harm was likely to be caused by the knifeing the knife part of the women's head. Accordingly, the crime of this case seems to have been considerably significant. The lower court reduced the statutory penalty amount to seven years of imprisonment, and then sentenced the defendant's age, character and behavior within the scope of the recommended sentencing guidelines of the Sentencing Committee, and sentenced the defendant's age, character and behavior, and other character, and behavior within the scope of the sentencing guidelines of the Sentencing Committee.

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