특수강도등
All appeals filed by the defendant and prosecutor are dismissed.
1. The lower court determined that among the facts charged with the destruction and damage of deadly weapons of this case, “the part of KRW 2,328,850, such as glass windows, entrance doors, and sales stand,” among the charges of the destruction of deadly weapons of this case, constitutes a case where there is no proof of a crime. On the ground that the lower court found the Defendant guilty of a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the judgment on “the part of KRW 1,043,400, which is a single crime with the charges of this part of the charges
As the defendant and the prosecutor have appealed on the conviction part, the acquittal part was excluded from the object of attack and defense between the parties, and there is no matter to be deliberated and judged ex officio.
Therefore, the scope of this Court's trial is limited to the conviction of the original judgment, and the conclusion of the original judgment is not followed with respect to the acquittal.
2. Summary of grounds for appeal;
A. Defendant 1) Recognizing the fact that the Defendant violated the Punishment of Violence, etc. Act (collectively, deadly weapons, etc.) (collectively, deadly weapons, etc.) was killed in the victim’s taxi, and committed an act, such as cutting off the knife in the knife, ordering the direction at the end of the knife, and that the Defendant was drinking by the victim. However, there was no intention to exempt the amount equivalent to the taxi fee by threatening the victim at the time.
B) The Defendant involved in the special robbery is merely in face-to-face face-to-face with the victim, and there is no fact that the victim displayed the above decline. In other words, the Defendant cannot be deemed to have committed this part of the crime with a deadly weapon, and there is no fact that the Defendant made intimidation to the degree of suppressing the victim’s resistance. C) Violation of the Punishment of Violence, etc. Act (collectively, deadly weapons, etc.).