강도상해 등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
The judgment below
One hundred seventy-three days of detention before pronouncement.
1. Summary of grounds for appeal;
A. Error of facts or misapprehension of legal principles (1) Although there was a fact that the Defendant 1 and 2 of the facts constituting the crime in the holding of the court below had sawd a victim E’s breath or expressed a motive to the victim F, there was no saw that the Defendant saw the victim E’s saw, etc. or threatened the victim F’s arms on the saw which is a dangerous object.
(2) On the facts constituting the crime of paragraph (3) of the judgment of the court below, the gas sprayers under paragraph (3) of the facts constituting the crime of the court below as stated in the judgment below are purchased by the defendant around 190, and thus, the Control of Firearms, Swords, Explosives, etc. Act does not apply, and the above gas sprayers are stored in the defendant's office attached to the defendant's office in the field of remodeling work in Bupyeong-si, Nowon-gu
(3) As to the crime No. 4 of the lower judgment’s judgment, the Defendant stolen the Samsung EM’s one computer. However, the victim K et al. knew that the Defendant caused the Defendant’s excessive failure to drive on the Defendant’s vehicle ( was unaware of the fact that he was occupying the vehicle or caused the above EM). However, there was no injury on the said victim, but there was no injury on the part of the said victim, and even if the said victim suffered any injury, it does not constitute the crime of injury by robbery.
B. The lower court’s sentencing is too excessive and unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the facts constituting the crime Nos. 1 and 2 of the judgment below, the defendant's saw the parts of the victim E, etc. with saw saws, which are dangerous objects such as those listed in paragraphs 1 and 2 of the facts constituting the crime in the judgment of the court below (at this time, saw saw saws and saw saw saw saws, which were put into custody. The investigation records No. 2006 type No. 15265 of the Seoul Northern District Prosecutors' Office, 206 type No. 15265) can be sufficiently recognized, and it can be sufficiently recognized that saw saw saws to the victim F's arms, etc.