준강도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. The court below found the defendant guilty of attempted robbery, although there was no intention of larceny and there was no assault by the victim at the time of the victim, since the defendant merely attempted to steal money and valuables in the order of the court below's ruling of mistake of facts. The court below erred in the misapprehension of facts and affected the conclusion of the judgment.
B. The lower court’s sentencing (three years of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, in particular, the victim's statement at the court and the police, the Defendant attempted to open a safe (cash attached to the account unit) as soon as the convenience store in its judgment was calculated, and the victim who was in a close place was trying to restrain the victim from doing so, but the Defendant attempted to remove the unclaimed calculation unit from the floor by putting it up on the floor and trying to escape. In light of these circumstances, it is recognized that the Defendant had a criminal intent to thief in order to bring money into the safe at the time.
The defendant alleged in the court below that he did not assault the victim as alleged in the grounds of appeal in this case, and the court below rejected the above assertion on the grounds as stated in its reasoning. In light of the reasoning of the court below compared with the records, the judgment of the court below is just and it is not erroneous in the misapprehension of facts, which affected the conclusion
Therefore, the defendant's assertion of mistake is without merit.
B. The instant crime on the assertion of unfair sentencing is a case where the Defendant committed a theft of money and valuables by entering a convenience store where the victim of 63 years of age is married, and assaulting the victim, and the liability for the crime is not minor, and the Defendant is larceny and larceny before.