강도미수등
The defendant's appeal is dismissed.
On July 2, 2018, the first trial date ( July 18, 2018) of this Court, which was following the expiration of the period for submitting a legitimate statement of grounds for appeal (in July 2, 2018), the Defendant made a mistake as to this part of the grounds for appeal, and this is not a legitimate ground for appeal.
The defendant had no criminal intent to commit robbery.
The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime.
The punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.
Judgment
The record of this case reveals that the Defendant knew at the time of committing this part of the crime that he was in possession of cash at the time of the victim’s possession, and that the victim was forced to take the victim’s seat by force, leading the victim to his seat in the park, leading the victim to another hand, and followed the victim’s seat. In light of the circumstances before committing this crime and the process of committing the crime, the Defendant had the criminal intent to commit robbery at the time of committing this part of the crime.
I seem to appear.
The defendant's assertion of facts is without merit.
According to the records of this case as to the assertion of mental disorder, the defendant is a person with a disability of the second degree of intellectual disability.
However, in light of the circumstances leading to the instant crime, the means and methods of the crime, and the circumstances before and after the crime, the recognition alone was in a state that the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.
There is a lack of view and there is no other evidence to recognize it.
The defendant's mental disorder is not accepted.
As to the wrongful argument of sentencing, even though the defendant does not recognize mental and physical weakness as a person with a disability of class 2 with intellectual disability, it can be deemed that the defendant's intellectual disability or mental disorder has an impact on the crime of this case to a certain extent.
However, the defendant.