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(영문) 부산고등법원 2015.05.20 2014노900

특수강도등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for three years.

The seized knife No. 1 (No. 1) shall be knife.

Reasons

1. The lower court dismissed the prosecution of intimidation among the facts charged in the instant case and convicted the remainder of the facts charged. Since only the Defendant appealed against the conviction, the part that the lower court dismissed the prosecution is separate and finalized, and the above intimidation was excluded from the scope of the judgment in this Court.

2. The gist of the Defendant’s appeal is that considering the fact that the Defendant committed the instant crime under the influence of alcohol and against his mistake, the sentence against the Defendant by the lower court (one year of imprisonment, etc.) is too unreasonable.

Therefore, the crime of conflict and special robbery of this case is of heavy nature in light of the circumstances of the crime and the method of the crime, causing waste of governmental authority caused by the obstruction of performance of official duties by fraudulent means of this case, and thus, there is a significant degree of punishment against the defendant. However, considering the following factors: (a) while the defendant does not want the punishment of the defendant by mutual consent with D, who is the victim of the crime of special robbery, attack, and retaliation, and intimidation; (b) the amount of property damage caused by the crime of this case was relatively less significant; (c) the defendant led to the confession of each of the crimes of this case and reflects it as well; and (d) the defendant committed various sentencing conditions under Article 51 of the Criminal Act and sentencing guidelines for the enactment of the Sentencing Commission, the sentence of the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The substance of the evidence and facts constituting the crime recognized by the court and the evidence thereof.