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(영문) 서울고등법원 2013.06.28 2013노1522
강도상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant led to an offense, is divided, the victim's amount of damage is less and the degree of injury is not serious, etc., the punishment of the court below (one month of imprisonment and five hundred thousand won of fine) is too unreasonable.

B. The lower court’s sentence is too uneasible in light of the fact that the public prosecutor’s damage assessment was not recovered, the Defendant’s nature, the method of crime, the possibility of criticism, and the risk of recidivism.

2. The grounds of appeal by the defendant and the prosecutor are also examined.

The Defendant’s crime of this case was committed in collusion with other criminal conduct, and the nature of the crime was poor, and the Defendant was punished for a similar criminal act even around 2010. The victims were punished for the Defendant, and the victims were not recovered from the victims’ damage, so it is inevitable to punish the Defendant.

However, the Defendant’s confession and reflects all of the instant offenses, the victims’ injury is not severe, and the Defendant was sentenced to eight months of imprisonment by larceny, etc. from the Suwon District Court Sejong District Court on September 6, 2012, and the judgment became final and conclusive on December 6, 2012. The Defendant’s instant offense was able to be tried together with the said larceny, etc. on which the judgment became final and conclusive, and thus, the equity should be taken into account with the case to be tried. In full view of all the sentencing conditions revealed in the instant argument, such as the Defendant’s age, character and conduct, and criminal background, etc., the lower court’s punishment against the Defendant is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per

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