성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
All the judgment below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for fourteen years and by imprisonment for two years and six months, respectively.
1. Summary of grounds for appeal;
A. Defendant and the respondent for an attachment order (hereinafter “Defendant”) A (1) The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the crime.
(2) Considering that the Defendant’s assertion of unreasonable sentencing is divided into his mistake, the lower court’s imprisonment (14 years of imprisonment) is too unreasonable.
(The statement of reasons for appeal submitted by the defendant is not a special law on the punishment of specific violent crimes, but a criminal law on the punishment of repeated crimes.)
Defendant
B (1) Defendant B, by misunderstanding of facts or misunderstanding of legal principles, participated in the crime only after Defendant A took part in the crime in excess of the victim’s excessive injury, and the “emergency mental disorder certificate” that the victim occurred due to the instant crime cannot be deemed as “injury” as referred to in the crime of robbery. Thus, Defendant B cannot be held liable for the crime of robbery and injury.
(2) Under the influence of the Defendant at the time of committing the crime, the Defendant was in a state of mental disability.
(3) Considering the degree of participation in the Defendant’s criminal act claiming unreasonable sentencing, the lower court’s imprisonment (three years and six months of imprisonment) is too unreasonable.
2. Determination of the misconception of facts or misapprehension of legal principles by Defendant B (ex officio determination as to Defendant A)
A. The summary of the facts charged and the summary of the lower court’s judgment (1) indicated as follows: (a) around 03:00 on April 14, 2013, the Defendants entered the “H main store” operated by the Victim G (F) located in Mapopo-si, Mapo-si, Mapo-si on the same day; and (b) around 05:00 on the same day, Defendant A, who all other customers of the instant case, would be able to offer money to the victim by means of a knife and hand with the victim’s knife and hand.
Accordingly, Defendant A, including the fact that the victim spawns excessively with his hand, has suspended his left loss in excess of his age and cut down his will, and continue to be a wall.