특수강도미수등
All appeals filed by the defendant and prosecutor are dismissed.
1. The progress of the lower court and the lower court found the Defendant guilty of attempted fraud and intrusion upon residence among the facts charged in the instant case, but they found the Defendant not guilty on the ground that there is no evidence to prove that the Defendant had the intent to forcibly take property at the time of committing the crime. However, the lower court found the Defendant guilty of the crime of violating the Punishment of Violences, etc. Act (collective, deadly
On the ground of unfair sentencing, the Defendant appealed respectively on the grounds of mistake of facts, misapprehension of legal principles (the attempted special robbery) and unfair sentencing.
2. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.
B. A prosecutor (1) misunderstanding of facts or misunderstanding of legal principles recognizes that the Defendant renounced the crime after confirming the fact that the victim is not in custody of the passbook. Thus, prior to that, there was an intention to obtain illegal gains from the passbook at the time when the Defendant led the victim and entered the room.
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(2) The lower court’s sentence imposed on the Defendant is too unjustifiable and unreasonable.
3. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle
A. From March 22, 2013, the Defendant attempted special robbery among the facts charged in the instant case, around 07:0, the Defendant concealed in the toilets located at the victim D’s house in Macheon-si, to wait for the victim’s house, and discovered the victim’s house, and the victim was “I Do Do Do Y Y Y Y Y Y Y Y Y Y Y Y YY Y YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY Y