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(영문) 서울고등법원 2017.12.14 2017노313
준특수강도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that did not recognize that the defendant had invaded between the seeds in order to commit the theft of agricultural products, even though the defendant was found to have invaded by the seeds in order to escape arrest and by threatening the victim with the kitchen knife in order to escape arrest, the judgment of the court below which affected the conclusion of the judgment by misunderstanding the

B. The sentence that the court below rendered unfair sentencing (six months of imprisonment) is too unfortunate and unfair.

2. Determination

A. On June 4, 2013, the Defendant was sentenced to four months of imprisonment with prison labor from Suwon District Court members for larceny, and the judgment became final and conclusive on November 22, 2013. On December 30, 2015, the same court was sentenced to eight months of imprisonment with prison labor for larceny at night and became final and conclusive on May 20, 2016.

On May 24, 2012, around 02:30 on May 24, 2012, the Defendant was aware of the victim of the Victim D (42 years of age) located in Jincheon-gun, Jincheon-gun, and was trying to steal the bean, shoulder, shoulder, etc. being kept in the said seeds.

When the Defendant was in line with the body of the victim, such as the head and the head of the steel bar, etc., the Defendant used the kitchen knife, which was a deadly weapon with water from the Defendant on the side, to escape arrest, and threatened the victim as if the victim was with a knife, and escaped from the knife with the knife.

Accordingly, the defendant carried a deadly weapon with a view to evading arrest, and made intimidation to the victim.

B. The lower court determined that ① did not make a statement to the effect that the victim directly deemed that the Defendant intended to steals an object at the time of the instant case; ② “The mother, who was a person with a new wall lock on the day of the instant case, tried to steals an object at home, and she saw a monet, which had been in a room, and she fladdd with a monet, and she was fladdd with a mond by a monet, and she was fladd with a mond by a machine using rice.

“The statement of the Defendant” is the statement of the Defendant.

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