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(영문) 대전고등법원 2018.12.21 2018노358
특수강도등
Text

All judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized kackers, length of 19cc, knife.

Reasons

1. The sentencing of the decision of the first instance court (the decision of the court below: 3 years and confiscation; 6 months of imprisonment) on the summary of the grounds of appeal (the decision of the court below’s decision of the court below’s decision of the court below’s decision of the court below’s decision of the court below’

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The judgment of the court of first instance and the judgment of the court of second instance rendered each of the above judgments, and the defendant filed an appeal against each of the above judgments, and this court decided to hold concurrent hearings of the above two appeals cases, and each of the offenses of the first and second judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the offenses under Article 38(1) of the Criminal Act shall be sentenced to one punishment.

Therefore, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.

3. The judgment of the court below Nos. 1 and 2 is reversed, and the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without examining the grounds for appeal by the defendant, on the grounds of the above ex officio reversal. It is so decided as follows.

[Grounds for the judgment in 2018No. 358] Criminal history room [2018No. 358] The defendant raised money and valuables by threatening female employees who are mixed with convenience stores at night, which fall short of living expenses, by threatening them with a knife.

On April 2, 2018, the Defendant confirmed that the victim BY (n, 28 years of age) was mixed with a victim’s bY (n, 28 years of age) at a bX convenience store in Seo-gu, Seo-gu, Seoul, around 02:28, the Defendant purchased the bX head, etc., and took the 132,700 won in cash, which was kept in his/her safe place, after having followed again into the above BX convenience store at around 04:25 on the same day as the Defendant purchased the can, as if he/she purchased the can, 1,000 knife of the knife (19cm in length, knife (8cm in length) with a deadly weapon, and took the knife of the knife as if he/she purchased the knife.

[2018No 488]

1. The accused and the accused, A, B, D, etc. shall be operated by financial institutions.

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