특수강도미수등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor, three years of suspended execution, probation, confiscation) is too uneased.
2. Determination [Incompetence] In the case of a crime of attempted special robbery, the crime is not likely to be committed by taking a deadly weapon into the convenience store, taking a deadly weapon at night, and taking the advantage of the attempted withdrawal of the property.
The crime of fraud is not easy in terms of the criminal law.
The defendant is currently missing.
[I] In the case of a crime of attempted special robbery, the defendant immediately renounced the crime and left the convenience point when the victim refused to deliver the money.
In the case of fraud, the amount of damage is minor.
There is no record of punishment imposed by the defendant and there is no record of the same kind.
The defendant showed a profound attitude against his mistake in the court below.
In addition, comprehensively taking into account the defendant's age and behavior intelligence environment, relationship to victims, motive means of crime, results of crime, circumstances after crime, etc., it is not recognized that the sentence imposed by the court below is too uneasible and unfair.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.