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(영문) 대구고등법원 2017.12.14 2017노419
강도상해
Text

The defendant's appeal is dismissed.

Reasons

The punishment sentenced by the court below (three years and six months of imprisonment) is too unreasonable.

Judgment

Examining the various sentencing conditions of the instant case, the circumstances favorable to the Defendant are the following: (a) the Defendant appears to reflect the mistake while attempting to commit a crime; (b) the robbery crime is committed against attempted crimes; and (c) there is no criminal record exceeding the fine.

On the other hand, the crime of this case is committed against the defendant, because the personal data of the victim, who is 50 women, who had been discovered by chance at the night of the defendant, was frighted to drinking face, and took the handbag in the course of the crime, and was inflicted with the bodily injury of two weeks in the course of the crime. In light of the background of the crime, the interview and interview of water methods, the degree of damage, etc., the nature of the crime and the degree of the crime are heavy and bad, and the victim seems to have suffered considerable mental shock in addition to physical damage that needs to be caused by snow, arms and legs, and even if it was not received from the injured person, etc., it is disadvantageous to the defendant.

In addition, taking into account the following factors: (a) the Defendant’s age, sexual conduct and environment, family relation, health status, motive, background, means and consequence of the crime; and (b) the circumstances before and after the crime was committed; and (c) the lower court’s judgment appears to have sentenced three and a half years and six months of imprisonment with prison labor for a limited term of imprisonment with prison labor or imprisonment with prison labor for a limited term of not less than seven years (three years to fifteen years) after choosing a limited term of imprisonment with prison labor for the crime of this case, which is favorable or unfavorable to the Defendant; and (d) there are no special circumstances or changes in circumstances that may change the sentence of the lower court in the first instance trial, it is acceptable that the sentence imposed by the lower court is within the reasonable scope of the punishment according to the Defendant’s criminal liability.

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