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(영문) 서울고등법원 2017.07.07 2017노1373
준강도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment, three years of suspended execution, and 80 hours of social service) on the summary of the grounds for appeal is deemed to be too unfasible and unfair.

2. When the Defendant was aware of the thief crime, the Defendant committed assault, such as cutting down and pushing ahead the victim’s trees.

The quality of the crime is not easy.

Defendant has been subject to criminal punishment several times for larceny crimes.

These points are disadvantageous to the defendant.

However, in order to escape arrest, the defendant has committed violence, and the degree of violence is not much serious.

The theft damage was recovered and agreed with the victim.

There is no record of violent crime against the defendant.

The defendant is dissatising and dissatising his mistake in the trial.

These points are favorable to the defendant.

Considering such circumstances and the Defendant’s age, sex, environment, family relationship, circumstances, and result of the crime, all of the sentencing conditions as shown in the pleadings, such as the circumstances after the crime, the lower court’s sentence cannot be deemed unfair as it is deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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