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(영문) 대구고등법원 2011.10.13 2011노274
강도살인미수 등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Reasons

1. The sentence imposed by the court below on the summary of the grounds of appeal is too unfilled and unreasonable.

2. An ex officio determination prosecutor has reached the judgment of the court below and applied for permission for modification of an indictment to change the damaged items into “H” and “the amount equivalent to KRW 600,00,000 per gold-in three gold-in one market price, and KRW 500,000 per five hundred,000,000,000” as stated in the judgment of the court below. Thus, the judgment of the court below cannot be maintained as it is because the subject of

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, on the grounds that the judgment below is reversed ex officio, and the following is remanded.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: (a) the victim under paragraph (4) of the List of Offenses in the facts constituting the crime of the judgment below is changed from “C” to “H” to “H”; (b) the damaged goods are as follows: (c) one visibility of 420,000 won for men; (d) one per man’s net gold-ro; and (e) one female-ro 18K-ro 18K to “one market value of 60,000 won per gold-ro 30,000 won for women; and (e) one 5,000,000 won for Aman 5,000 won for each of the relevant columns.”

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 342 and 338 of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 5-4 (1) and 329 and 342 of the Criminal Act concerning the punishment;

1. Aggravation of repeated crimes (violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) Article 35 of the Criminal Act (limited to the proviso to Article 42 of the Criminal Act, since there exists a criminal record of acquisition of stolen property in the market

1. Statutory mitigation (in relation to an attempted crime of robbery), Articles 25 (2) and 55 (1) 2 (in relation to an attempted crime of robbery), of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Article 38(1)2 of the Criminal Act, which increases concurrent crimes;

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