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(영문) 서울고등법원 2013.05.24 2013노1296

특수강도미수

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.

The length of seized 20cc. Gaz.(No. 1) shall be 20cc.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts or misunderstanding of legal principles

The defendant's act is nothing more than a return of the act of albling, but does not constitute assault and threat of robbery, since the defendant's act approaches the victims from the 2-3m distance from the Gabro that he was going to the right by the Gu to the bottom of the upper day.

B. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

Judgment

A. The following circumstances acknowledged by the court below as to the assertion of mistake of facts or misapprehension of legal principles which are duly adopted and investigated by the evidence duly adopted and investigated by the court below, i.e., (i) the defendant entered the skin management room and requested the victims to return money; (ii) the defendant demanded the victims to return money by leaving 20 cm in length or under the above order to threaten the victims; (ii) the defendant continued to threaten the victims' refusal of access; and (iii) the victim D had expressed that it was beyond the floor that it was very difficult to cause danger to life at the time; and (iv) the defendant made a report by the victim D to return money to the victim; and (iii) the defendant also recognized the defendant's act of threatening or threatening the victims in order to take money not to be used by the victims; and (iv) the defendant also recognized the defendant's act of threatening or threatening the victims.

Therefore, the defendant's above assertion is without merit.

(b).