준강도미수등
1. The part of the judgment below on the defendant is reversed.
Defendant
In addition, one year and six months of imprisonment with prison labor for the medical care and custody applicant.
1. Summary of grounds for appeal;
A. Part 1 of the case of Defendant 1) There is no crime committed by the lower court, or there is no exaggeration of such fact even if there is no crime committed by the lower court.
2) The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.
B. The Defendant did not commit each of the instant crimes due to mental or physical disorder, and even though there is no risk of recidivism, there is a risk that the Defendant committed each of the instant crimes due to mental or physical disorder and was in danger of recidivism.
The judgment of the court below is erroneous in finding facts.
2. Determination
A. Examining ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio, Article 3 of the Act on Special Cases Concerning the Punishment of Specific Cateral Crimes (hereinafter “Special Act”) provides that “where a person who was sentenced to a specific violent crime and again commits a specific violent crime within three years after the execution of the sentence was terminated or exempted, punishment shall be aggravated by up to twice the long-term and short-term punishment determined for the specific violent crime.” Article 2(1)5 lists the “specific violent crime” subject to the special Act, and Article 335 (Quasi-Robbery) and Article 342 (excluding the crimes under Articles 329 through 331, 331-2 and 332) of Part II of the Criminal Act among the crimes of larceny and robbery under Article 38 of the Criminal Act.”
In addition, the court should punish the accused who again committed the above violent crime within three years after being sentenced to punishment for the violent crime listed in Article 2 of the Act on the Aggravated Punishment and has completed or has been exempted from its execution, by aggravated aggravation of repeated crimes pursuant to Article 3 of the Act on the Aggravated Punishment and Article 3 of the Aggravated Punishment and Article 3 of the Aggravated Punishment Act, not Article 35 of the Criminal Act. The prosecutor prosecuted the accused and stated the provisions applicable to aggravated repeated crimes in
That is, it is difficult to accept it.