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(영문) 부산고등법원 (창원) 2018.07.25 2018노119

특수강도미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

In 2018, seized Changwon District Prosecutors' Office.

Reasons

1. Summary of grounds for appeal;

A. Legal principles (related to attempted special robbery) that the Defendant possessed blades and excessive blades at the time of committing the instant crime, or that the Defendant did not intend to use them for robbery, and in fact did not take the knife to the victim.

It was not visible.

Defendant “Carrying a deadly weapon”

shall not be deemed to exist.

The judgment of the court below is erroneous in the misapprehension of legal principles on the premise different from this premise.

B. The sentence sentenced by the lower court to the Defendant (two years and six months, etc.) is too unreasonable.

2. Determination:

A. Judgment on the misunderstanding of the legal principles as to the assertion of misapprehension of the legal principles