beta
(영문) 서울고등법원 2013.12.05 2013노2302

강도예비등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date of the final judgment.

Reasons

1. The decision of the court below on the summary of the grounds for appeal ( Imprisonment with prison labor for three years and six months, and confiscation) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor examined the facts charged in the judgment of the court below as to the injury caused by robbery in the indictment of this case as "Robbery" and "injury caused by violence", and the applicable provisions of law are "Articles 333, 262, 260 (1), and 257 (1) of the Criminal Act", and as the case is subject to the judgment by this court, the part of the judgment of the court below is no longer maintained. Since the changed facts charged and the remainder of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced in accordance with Article 38 (1) of the Criminal Act.

After all, the judgment of the court below cannot be reversed.

【Revised Indictment】

2. Around March 8, 2013, the Defendant was engaged in robbery and assaulting the Defendant’s disease by crushinging 5 chloroethyl knife in the main knife part of the Defendant’s residential area into the part of the powder knife, dilution with water, and purchasing 2 knife teas and knife at the G subject of paragraph (1) prior to the d’s residential area, and mixing the amount of knife “ethyl knife” prepared as above from the Defendant’s car parked on the top of the above G subject and the front of the d’s residential area with knife 1 knife.

At around 09:26 on the same day, the Defendant: (a) sought C Apartment No. 302 1304 and 1304 as indicated in paragraph (1) and solicited D to fluorate coffee in which “sethyl melts” is mixed; (b) it was confirmed that D without knowledge of the circumstance was in a state of impossibility to resist because he/she was locked by standing it in a math and sofluor; and (c) he/she followed fluoral harassment; (d) two per half of the instant net gold owned by the Defendant, the head of the house, and one per half of the JA, one for the first half of the JA, one for the first half of the JA, and fourteen for the first half of the K.