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(영문) 부산고등법원 2019.08.08 2019노244
준강도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. The judgment below rendered a sentence by taking account of the circumstances unfavorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case while under the influence of alcohol, the defendant committed the crime of this case in a contingent manner, and the degree of assault inflicted on the victim during the course of the crime, the damaged goods of this case are not high-priced goods, all of which are returned to the victim, and the victim did not want the punishment of the defendant under the agreement with the defendant, in view of the circumstances favorable to the defendant, even though the defendant had been punished several times for the same crime before, the defendant committed the crime of this case during the period of

In addition, considering the Defendant’s age, character and conduct, occupation, family relationship, criminal records, the means and consequence of the crime, and other various conditions of sentencing, the lower court appears to have sentenced the least amount of statutory punishment that has been reduced to discretionary mitigation by fully taking into account the various circumstances regarding the sentencing, including the circumstances that the Defendant would not drink in the future, even though considering the fact that the Defendant appears to have the intention of rehabilitation, such as taking into account the following circumstances, such as the Defendant’s age, character and behavior, occupation, family relationship, criminal records, the means and consequence of the crime, etc., the lower court cannot be deemed to have any special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, and thus, it cannot be deemed unfair for

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

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