특수협박등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. In the case of the charge of larcenying the mistake of facts, the defendant had the stolen articles, and the defendant did not have the intention of theft.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, etc.) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant asserted that the Defendant had no intention to larceny.
The lower court rejected the Defendant’s assertion and convicted the Defendant of the charges of larceny, taking into account the circumstances as indicated in its reasoning, including the fact that the Defendant carried a first call-to-door product, and returned to the entrance, he did not have the first call-to-door.
Even if the defendant's argument in the grounds of appeal is examined closely compared with the evidence adopted and investigated by the court below, the fact-finding and judgment by the court below is just, and there is no error of law that affected the conclusion of the judgment by mistake of facts
The defendant's assertion is without merit.
B. As to the assertion of unfair sentencing, the Defendant threatened the victim’s knife with the victim’s knife under the item, and such an offense is not good in light of its risk.
The Defendant stolen the Victim G-owned Articles.
The defendant has been sentenced to the suspension of the execution of imprisonment with prison labor for the crime of robbery, injury by robbery in 2004 and the suspension of the execution of fine for the crime of assault in 2018.
This is disadvantageous to the defendant.
The amount of damage caused by larceny is relatively small, and the damage has been recovered.
In the trial, the mother of the defendant agreed with the father of the victim D, and the father of the victim D does not want the punishment of the defendant.
The defendant has lost mental illness, such as a man's illness, and such disease seems to have a significant impact on the crime.
The parents of the defendant are under the care and guidance of the defendant.
This is the circumstances favorable to the defendant.
(2).