특수절도미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Summary of Grounds for Appeal
The punishment of the court below (one year and six months of imprisonment) is too unreasonable.
2. In the judgment of the court, the prosecutor applied for the amendment of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) among the names of the instant crimes as "special intimidation", "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act" as "Articles 284 and 283(1) of the Criminal Act", "Article 283(1) of the Criminal Act", "Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" in Article 4 of the indictment as stated in the indictment as of January 30, 2015, "4. Special Intimidation", and "the Act on the Punishment of Violence, etc. (collective, Deadly Weapons, etc.)" in Article 4(4)3 as "a dangerous object", and the above crimes and the remaining crimes of the Defendant were modified by this court, and thus, they cannot be maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as follows: (a) the facts constituting the crime in the judgment of the court below are as follows: (b) the "Violation of the Punishment of Violences, etc. Act (collectively, deadly Weapons, etc.)" under Article 201-Ma254(3) of the Criminal Procedure Act ("Violation of the Punishment of Violence, etc. Act (collectively, Deadly, etc.") shall be deemed as "3. Special Intimidation"; and (c) the " deadly weapons, etc." under Article 3
Application of Statutes
Article 36 of the Act on the Punishment of Criminal Crimes
Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (joint residence intrusion) and each criminal law.