준강도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The sentencing of the court below (two years of imprisonment) is too unreasonable.
2. The crime of this case is a case where the defendant stolen or stolen the victim's property by entering another person's restaurant, and assaults the victim. The defendant has been punished by imprisonment with prison labor due to the crime of larceny and robbery, and the victim's intent to punish the defendant is maintained until now.
However, the Defendant appears to have caused the instant crime somewhat contingently, in the case of quasi-Robbery, the damaged goods were discovered at the scene without exercising the force of force against the victim and recovered from the victim, and the damaged amount of other larceny crimes is relatively minor. Although the Defendant had the criminal force of robbery as above, it is deemed that the lower court’s sentencing against the Defendant is excessively unreasonable, taking into account the following factors: (a) although the Defendant had the power to punish robbery as above, it was 12 years prior to the instant crime; and (b) other various sentencing conditions including the Defendant’s family relationship.
Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence is as shown in the judgment below.
Application of Statutes
1. Relevant Articles 335 and 333 of the Criminal Act concerning criminal facts and Article 329 of the Criminal Act;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes within the scope of the sum of the long-term punishments of the crimes of quasi-Robbery heavier than punishment)
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;
1. Class 1 offence - Quasi-Robbery [Determination of Punishment] - General robbery [Special Robbery] - Reduction element: