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(영문) 서울고등법원 2013.07.18 2013노1485
준특수강도미수등
Text

All the judgment below is reversed.

Defendants shall be punished by imprisonment for a maximum term of one year and six months, and a short term of one year.

seizure.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) At the time of claiming a misunderstanding of facts, Defendant A was unable to be held liable for the crime of attempted quasi-special robbery inasmuch as the other accomplices were unaware of the fact that the other accomplices assaulted the Victim Q.

(2) Considering the background of the instant crime claiming unreasonable sentencing, Defendant A’s home environment, etc., the lower court’s punishment (long-term two years of imprisonment, short-term one year and six months) is too unreasonable.

B. Defendant B (1) Defendant B and H’s assertion of misunderstanding of facts merely caused the victim to spread back to the lower part of the Q Q Q, and did not exercise assault to the extent of suppressing the victim’s resistance. As such, Defendant B and H cannot be held liable for the crime of attempted quasi-special robbery.

(2) Considering the fact that Defendant B’s assertion of unreasonable sentencing is divided and against his wrong, the lower court’s sentence (two years of imprisonment and one year and six months of less than one year) is too unreasonable.

C. In light of the fact that Defendant C (unfair assertion of the form of punishment) repents and reflects Defendant C’s mistake, and the growth process of Defendant C, etc., the sentence of the lower court (two years of imprisonment with prison labor, two years of short-term, one year and six months) is too unreasonable.

2. We examine whether the Defendants can be deemed to have exercised the “Assault” as referred to in the crime of attempted special robbery, either ex officio or in accordance with Defendant B’s assertion of mistake of facts.

A. The summary of this part of the facts charged is as follows: (a) the Defendants, along with G, F, and H, loaded a stolen I new learning vehicle in Incheon Si, and carried the place of crime into the body of the Defendant, in front of “R” operated by the Victim Q (37 years of age) in the Nam-gu Incheon Metropolitan City P on January 2, 2013; (b) Defendant A, together with G, set up a network in the vehicle in front of the “R” operated by the victim Q (37 years of age) on January 2, 2013; and (c) F set up the network in front of the vehicle in front of the vehicle; and (d) Defendant C, along with H, set off a new letter in favor of the stolen golf, and destroyed the objects, and then cut it together with Defendant B in order to steals the objects.

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