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(영문) 서울고등법원 2014.07.04 2014노1322
강도상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

As to the punishment sentenced by the court below (four years of imprisonment), the defendant asserts that it is too unreasonable for the defendant, and the prosecutor asserts that it is too uneasible.

Judgment

There are circumstances that can be considered in light of the circumstances, such as the fact that the Defendant led to the instant crime and reflects his mistake, that the amount of property damage caused by the crime of habitual larceny and robbery is not significant, that the basic crime of robbery and partial habitual larceny are attempted, that some of the victims of habitual larceny (D, P, R, U) do not want the punishment of the Defendant, or that some of the victims of habitual larceny (D, P, R, U) were taken out, and that some damage (AA) was recovered.

On the other hand, the defendant had the record of being sentenced to punishment for the same crime and repeated theft of property for the remaining six months in the absence of paroled one year and six months during the execution of the preceding punishment, and the previous crime committed by intrusion into an open gate identical or similar to the previous crime, or by breaking the windows, etc. with a stone with a stone or a predetermined net with a view to removing a locking device, etc., and thus committing a larceny, and has interviewed and dangerous methods, and further, the defendant committed an injury by assaulting AD to escape arrest upon the occurrence of the crime of theft. Furthermore, the defendant committed the crime of theft, and most damages are still not recovered, and in full view of all the sentencing conditions such as the defendant's age, family relation, character and conduct, environment, motive and background of the crime, method and method of the crime, and the circumstances after the crime, etc., the defendant and prosecutor's assertion in all the above grounds are without merit, since it cannot be deemed that the punishment imposed by the court below is excessively heavy or excessively unreasonable.

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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