특수강도미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
A knife knife (No. 1) shall be confiscated.
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty of the primary facts charged of this case, even though the defendant tried to see the victim as a woman-friendly Gu of the defendant, and did not have a intention to take property care, is erroneous in the misunderstanding of facts.
B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. The amendment of the indictment at the trial at the time of the trial, the previous facts charged shall be the primary facts charged, and the defendant, at around 07:06, around October 14, 2012, around 07:06, the defendant applied for the amendment of the indictment to the victim F (the 22-year old age), who was leaving the area in front of the Young-gu, Suwon-gu, Suwon-si, the victim's right hand, led the victim's arm's length with the left hand, leading the victim's arm's length, and "I will die if I will die. I will die." After that, the defendant applied for the amendment of the indictment to add the "I will am the victim about 10 meters prior to G," and this court permitted this.
Therefore, I first decide on the defendant's primary facts charged and then decide on whether to judge the conjunctive facts charged according to the contents of the judgment.
B. (1) On October 14, 2012, around 07:00, the Defendant attempted suicide with the kitchen knife (18cm in length and 30cm in total length) in front of the Defendant’s entire female-friendly district in Suwon-gu, Suwon-si, Suwon-si, and the female-friendly Gu did not reconven the Defendant again, and failed to commit suicide with the kitchen knife (18cm in length and 30cm in length).
Accordingly, the defendant had the opportunity to possess the kitchen knife with the above kitchen, and had the person who passed away with money and valuables.
The defendant, at around 07:06 on the same day, was the victim F (F, 22 years of age) who took a place in front of Young-gu E in Suwon-si, Suwon-si.