강도상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
A seized kacker (No. 1) shall be confiscated.
1. The summary of the grounds for appeal that the court below sentenced the defendant (five years of imprisonment) is too unreasonable.
2. At night, the Defendant followed a female victim who was married on the way to grow alone, and subsequently withdrawn money and valuables, and inflicted injury on the victim.
At the time of the crime, the crime was very poor in light of the contents and methods of the crime, such as: (a) holding a knife at the time of the crime; (b) holding a knife of the victim; (c) towing the victim at 20 meters; and (d) threatening the victim beyond the floor; and (c) threatening “I amb
At the time of committing the instant crime, the victim was suffering from considerable mental suffering due to shock and fear, and the victim strongly sought the punishment of the Defendant.
These circumstances are disadvantageous to the defendant.
However, since the court of the court below, the defendant recognized his mistake and is in profoundly against the defendant, and has no record of criminal punishment.
The commission of robbery, which is a basic crime, was attempted, and the degree of physical injury of the victim is not much serious.
The Defendant seems to have caused the instant crime, as he/she was in a very poor situation due to severe economic activities due to his/her hard drive.
These circumstances are favorable to the defendant.
In full view of the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, various sentencing conditions as shown in the instant argument, including the circumstances after the crime, and sentencing guidelines as determined by the Supreme Court’s Sentencing Committee, the sentence imposed by the lower court is somewhat unreasonable.
Defendant’s assertion is with merit.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading
[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is separate from the judgment of the court below.