The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant asserts that the Defendant appealed on the sole ground of unreasonable sentencing, and sought a determination as to whether the Defendant may be deemed to have commenced the enforcement even if he/she appealed on the ground of unfair sentencing.

Therefore, considering the legislative purport of the crime of robbery and quasi-Robbery, balance between the crime of robbery and the crime of robbery, the issue of quasi-Robbery should be determined on the basis of whether it is a thief.

However, in the case of this case, even if the defendant did not reverse the victim's Southerns in his own car, "the fact of examining the hands above another person's vehicle's inside seat" can be sufficiently recognized that the defendant started to commit larceny, unless the defendant's own recognition is recognized.

I would like to say.

(see, e.g., Supreme Court Decisions 86Do2256, Dec. 23, 1986; 2004Do5074, Nov. 18, 2004). Accordingly, the Defendant’s above assertion is rejected.

B. The instant crime of determining unfair sentencing is an act of assaulting the victim’s face on one occasion for an attempted attempt to steal property owned by the victim by inserting a arms into the driver’s seat of a vehicle parked on the road, and another victim’s possession of the property in the vehicle, and to escape arrest.

However, on August 27, 2010, the Defendant was sentenced to a suspended sentence of two years at the Seoul Central District Court on August 27, 201 as a crime of theft of property inside a vehicle, and on April 14, 201, the Defendant stolen property inside a vehicle and was sentenced to one year imprisonment with prison labor at the same court on May 31, 201, and executed the said suspended sentence on October 12, 201, with the effect that the said judgment became final and conclusive.