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(영문) 대전고등법원 2015.09.18 2015노368
특수강도미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely a knife of the knife of the knife of the knife, which was put in the knife in the knife knife knife in order to settle the purchase of knife at the place as stated in the facts charged of this case, and did not commit the crime

B. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in a state that the Defendant lacks the ability to discern things or make decisions.

C. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too heavy.

2. Determination

A. As to the assertion of misunderstanding of facts, the Defendant also asserted the same purport as the allegation of misunderstanding of facts, and the lower court rejected the above assertion on the following grounds: (a) the Defendant, considering the reasons stated in its reasoning, was found to have accumulated excessive progress that the Defendant had prepared for the crime of this case under robbery to the victim

According to the evidence adopted and examined by the court below, the defendant entered the place where he had been suffering from the crime of this case before the crime of this case, from the normal form of the purchase of goods to the inside of the calculation unit for the victim who is an employee of the store, and called "to provide money" to the victim at the close of the victim, and came to the end of the excessive amount of money that had been spread to the victim by taking out the excessive amount that had been spread to the victim at the time of the purchase of the goods. The defendant was spawn up with the victim's marking the playing, and opened the above cash box and presented it to the defendant. The defendant again put the excessive amount into the inside machine immediately after confirming that there was no money, after reporting the draft of the cash receipt and disbursement statement, the defendant reported to the police without reporting it to the police, and the defendant who led to the crime of this case in the prosecution.

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