강도치상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal is that of the lower court’s punishment (two years and six months of imprisonment) too unreasonable;
2. The Defendant, on the victim’s body and the floor surface of the office, committed an act of threatening the victim by taking aground, and thereby threatening the victim, etc., and the danger of the form of the act and the means, etc., of threatening the victim. The Defendant’s act of committing the instant crime is deemed to have suffered considerable mental impulse. The Defendant’s act of committing the instant case is disadvantageous to the Defendant.
On the other hand, unlike the court below, the defendant recognized all of the crimes of this case in this court, and is in depth divided, and the robbery of this case was committed in the attempted crime, and the crime of fire prevention was committed in reserve, and the defendant did not want the punishment of the defendant more than the victim by mutual consent with the victim in this court.
In full view of such factors of sentencing and the defendant’s age, character and conduct, environment, family relationship, motive and background of committing a crime, means and method of committing a crime, and circumstances after committing a crime, the sentence imposed by the court below is too unreasonable.
The defendant's assertion of unfair sentencing is justified.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court are identical to each corresponding column of the judgment of the court below, except for adding "statements in this court" to the summary of evidence of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 342 and 333 of the Criminal Act, Articles 175 and 164 (1) of the Criminal Act (the point where robbery is attempted), which apply to criminal facts, and the choice of punishment;