특수강도미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. Although the Defendant had not conspired to commit the instant crime or shared the act of the commission thereof, the lower court erred by misapprehending the fact that the Defendant committed the instant crime in collusion with H, etc., thereby adversely affecting the conclusion of the judgment.
B. The court below's sentence of unfair sentencing (six years of imprisonment) against the defendant is too unreasonable.
2. Whether the special robbery of this case was conspired
A. The summary of the facts charged is as follows: (a) the Defendant heard from the Japanese Professor D, who was known to the general public, that “In Japan, the Defendant was 2,00,000 won or more in the market price of 5 billion won per point at the house of the victim F (the age of 71) located in the Donna-gu E, and the victim was not willing to sell; (b) he conspiredd with H and Ha, who became aware of by the introduction of the artist G of the curios merchant on March 23, 2013, and Ha and 2 points of the said Joseon Y were stolen from the Republic of Korea; and (c) on May 2013, H returned to the Republic of Korea; and (d) in collusion with the Republic of Korea, H, who was known to the general police and its introduction, and that he stolen two points of the said Joseon Y in succession.
On May 24, 2013, the Defendant met with H, J, K, and I (hereinafter “Co-offenders, such as H”) who arrive at the port of the Republic of Korea in the Republic of Korea on May 24, 2013, and provided guidance to the boarding house that the Defendant was drafted, and K and J waiting in the said boarding house, and H and I responded to the victim’s residence in advance, but H and I did not commit a crime because I misleads the victim that the unmanned security system was installed in the victim’s residence.
On the other hand, the Defendant confirmed that there is no unmanned security device installed at the victim's house, and instructed H to enter Japan again on June 1, 2013, and moved H, I, and K who entered Japan again on June 11, 2013, to the subway station around the L station located near the victim's residence. On June 11, 2013, J, who was staying in Japan at the time, was also moving to the subway station around the victim's residence.
This part of the original facts charged was born to the surrounding areas of the L station, ‘B', and ‘L'.