logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.12.12 2014노2832
특수강도등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment for three years, and Defendant B for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) As to the crime of special robbery committed on January 4, 2014 as indicated in the judgment of the court below, Defendant A (hereinafter “Defendant A”) and Defendant A did not have conspired to commit the above crime at U convenience because Defendant C, J, and immediately went to work together, and thus, Defendant A did not have attempted to commit the above crime at U convenience (the fact-finding). ② The punishment (four years of imprisonment) sentenced by the court below to Defendant A is too unreasonable.

2) As to the crime of special robbery committed on December 27, 2013 as indicated in the judgment of the court below, Defendant B did not have conspired to commit the above crime or shared the commission of the above crime (the misunderstanding of facts), even though not, Defendant B’s participation is limited to the extent that it can be applied to aiding and abetting (the legal scenario), and ② The punishment (two years and six months of imprisonment) sentenced by the court below to Defendant B is too unreasonable. 3) The punishment sentenced by Defendant C by the court below to Defendant C (three years and six months of imprisonment) is too unreasonable.

B. The Prosecutor (Defendant A and B)’s each of the above punishments sentenced by the lower court to Defendant A and B is too unfasible.

2. Determination

A. As to the Defendant A’s assertion of mistake of facts in this part of the facts charged (the special robbery of January 4, 2014), Defendant A, C, and J planned to take money and valuables from the female employees, etc. to take them away, and, after purchasing a knife, which is a lethal weapon (a length approximately 22 cm), was loaded on a siren vehicle and carried in the knife, and the knife the knife, etc. was displayed on the “U convenience” located in Seoul Special Metropolitan City, Nowon-gu, around January 4, 2014, around 04:05, the victim V (the knife and 27 years old) (the knife) (the knife) was discovered, the knife prepared to commit the crime to be brought off from the vehicle, and the Defendant C moved the above vehicle to his house near Dobong-gu Seoul Metropolitan City 6 km away from the above convenience point, and waiting the Defendant A in his residence.

After that, J set the convenience store and set the victim's ship.

arrow