특수강도미수
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was physically and mentally weak due to the disability, alcohol, and abuse of immunity.
B. The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of mental and physical weakness, the lower court: (a) deemed that the Defendant had received several times the mental and physical therapy from around 201 to around 201 due to the misuse and abuse of alcohol and drugs; (b) had been drinking alcohol prior to the instant crime; (c) had the Defendant’s mental appraisal that the Defendant had the ability to use alcohol and/or alcohol and/or drugs (waters); and (d) had the possibility of undermining the control capacity due to the circumstantial stress, drinking and drug abuse; and (c) was recognized as having had no or weak ability to control normal things at the time of the instant crime, taking into account the following circumstances acknowledged by evidence duly adopted and investigated by the Defendant.
It is difficult to see
The decision was determined.
① On the first day of the crime of this case, the Defendant asked the victim, who is an employee, whether or not the victim is dead or not, and asked the victim again whether or not the victim is dead or not, and then asked the victim again whether or not there is a knife for another customer in the future with an industrial knife knife, and then the victim and the two male masts themselves knife the above knife, the victim and the two male knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.
② After committing the instant crime, the Defendant was investigated by the police, and sought money from female employees of convenience stores by threatening their knife.
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