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(영문) 부산고등법원 (창원) 2015.08.12 2015노204
준강도미수등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is justifiable in finding that all of the larcenys of this case committed an attempted robbery [in relation to the part concerning the attempted robbery among the charges of this case, "the case where a thief uses violence or intimidation to evade arrest" under Article 355 of the Criminal Act is the same as that of the attempted robbery, and in such a case, the crime of quasi-Robbery is established, not that of the attempted robbery (see Supreme Court Decision 64Do504, Nov. 24, 1964). However, as long as the prosecutor was indicted for the crime of attempted robbery, the judgment of the court below which recognized only the crime of quasi-Robbery under the principle of non-Robbery], and the facts of each of the crimes of this case are recognized by the defendant, and there are favorable sentencing factors such as recognizing each of the crimes of this case.

However, each of the crimes and crimes of this case recognized by evidence, evidence law, and legal principles (the evidence duly adopted and investigated by the original trial, evidence law, evidence law, and legal principles, quasi-Robbery intention is also recognized) is also recognized, such as the fact that the defendant had been subject to multiple punishment for the larceny crime, the defendant committed each of the crimes of this case even during the repeated crime period, and the defendant attempted to steals property after intrusion upon another person's residence using equipment such as dracks, and the defendant attempted to steal property after being discovered, and when discovered, he threatened the dead person, and even if the defendant seriously reflects the circumstances of each of the crimes of this case, it is also acknowledged that the unfavorable sentencing factor or neutral and objective sentencing factor is also acknowledged.

The above elements of sentencing, sentencing guidelines, and statutory punishment for the crime of attempted robbery with heavier penalty (limited to imprisonment of not less than three years) and applicable sentences, sentencing cases for similar cases, Defendant’s age, character and conduct, intelligence and environment, motive and circumstance leading to each of the crimes of this case, the means and consequence of the crimes, and circumstances after the crimes, etc. shall be comprehensively considered.

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