특수절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Seoul Southern District Prosecutors' Office No. 960, seized.
1. Summary of grounds for appeal;
A. The defendant has not committed a crime of interference with business and in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the facts charged in the instant case.
Nevertheless, the court below convicted the defendant of this part of the facts charged, and the judgment of the court below is erroneous by misunderstanding the facts, which affected the conclusion of the judgment.
B. The sentence imposed by the court below on the defendant (one year and nine months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts (in particular, according to the police protocol of theO, investigation report (general), and photograph), the Defendant interfered with the victim’s beauty room business by force, such as taking magazines books and chairs at the “PP beauty room operated by the victim’sO” on June 16, 2012, and kneeing, and kneeing the victim’s knee, thereby causing injury to the victim, such as the left-hand kne, which requires the victim’s treatment for 14 days.
Therefore, this part of the defendant and his defense counsel's assertion is without merit.
B. Although the defendant had been sentenced several times due to the crime of attempted special larceny, etc., he/she committed the crime of special larceny and attempted special larceny as stated in the facts charged in the case, and the defendant continued his/her escape life without any attitude that attempts to restrain and take responsibility for committing the crime of special larceny, etc. as stated in paragraph (2) of the facts charged in the judgment of the court below. In addition, in order to deceiving his/her own identity in the process, the crime is very poor, such as entering another person's signature in the suspect interrogation protocol as stated in paragraph (5) of the facts charged in the judgment of the court below, and as seen earlier, the crime of interference with business of victimO and the crime of violation of the Punishment of Violences, etc. Act (collectively weapons,