특수강도미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence No. 1 shall be confiscated.
1. Summary of grounds for appeal;
A. The Defendant and his defense counsel explicitly withdrawn the allegation of the grounds for appeal other than sentencing on the first trial date, which is unfair, because the punishment sentenced by the lower court (two years of imprisonment, confiscation) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. According to the judgment below, considering the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentencing conditions stipulated in Article 51 of the Criminal Act and the result of the application of the sentencing guidelines of the Supreme Court sentencing committee, such as the defendant's age, sex, environment, motive and means of the crime, circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable.
Therefore, while the defendant's improper argument of sentencing is justified, the prosecutor's improper argument of sentencing cannot be accepted.
[Unfavorable circumstances] The crime of attempted special robbery of this case is a case where the defendant took a deadly weapon and took a convenience store and forcibly withdraws the property, and it is not good that the crime is committed in light of the circumstances of the crime and the risk of the attempted crime.
The defendant did not receive any awareness from the victim of the above crime.
[ favorable circumstances] The Defendant shows an attitude to recognize all crimes and to reflect in depth the mistake.
The robbery crime was committed in attempted crimes, and the damage from the embezzlement of possession separated objects is not relatively significant in the scope of damage due to the Tyman card with the maximum of 360 won.
On the day of the crime of attempted special robbery of this case, the Defendant committed the above crime against the police officer.
No person shall be subject to heavier criminal punishment exceeding the suspension of execution.
3. If so, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (the prosecutor's appeal is without merit, but the defendant's appeal is not reasonable