logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.05.16 2019노218
강도예비등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (defendants) is unreasonable as the sentence imposed by the court below (three years of imprisonment and confiscation) is too unreasonable.

2. The summary of the instant crime is as follows: ① the Defendant prepared to commit robbery by putting the knives, hearing tapes, refacing tapes, and anti-aircraft bags into a bank for the purpose of taking property forcibly; ② On the same day, the Defendant, while carrying the aforementioned tools, sent mobile phone messages with the intent to kill and die in a knife in a knife room operated by the victim F (the age of 35), or took a knife knife knife knife knife knife knife knife knife knife knife knife knife knifes

The nature of each of the crimes of this case cannot be deemed to be somewhat weak in light of the aforementioned methods, risks, and consequences of the crime.

(1) In the case of robbery such as paragraph (1), even though it did not proceed to the actual crime, but entered a convenience store in carrying knife, knife tape, etc. necessary for committing robbery, and the risk was considerably high.

In the end, the Defendant carried the above tool on the same day and entered the clothing store where young women were alone at night, such as paragraph (2), and committed robbery in such a way as threatening the victims of the knife.

The damage suffered by the victim at the time, in particular, mental suffering seems to have been very serious.

The above is the circumstances unfavorable to the defendant.

On the other hand, the Defendant maintained the entirety of the instant crimes, and viewed the light of the reflectivity.

It is difficult to view that the degree of property damage caused by special robbery is high.

The victim F escaped out of the damaged store, and the defendant did not suffer from continuous driving or physical damage to the victim.

The victim F shall be against the defendant through the preparation of a written agreement around January 15, 2019, after the decision of the court below was made.

arrow