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(영문) 광주고등법원 2016.11.10 2016노320
준강도
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two years of imprisonment, four years of suspended execution, and probation) is too unhued and unreasonable.

2. The Defendant, who made a judgment, has received a letter of tolerance from the victim, led to the confession of the crime, and divided his/her mistake.

In addition, in order to escape arrest, only the cash monarch has been displayed, but did not exercise the direct force on the victim.

The Defendant, after having been sentenced to imprisonment for the same kind of crime, was released from the company, and was faced with economic difficulties after retirement in around 2013. The Defendant committed the instant crime.

In full view of these circumstances, comprehensively taking into account the following circumstances, the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc., even considering all of the factors of sentencing, which are disadvantageous to the Defendant, it cannot be said that the sentence imposed by the lower court is too unfasible and reversed.

The prosecutor's assertion disputing this is without merit.

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

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