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The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
but for three years from the date this judgment becomes final.
Reasons
1. The punishment sentenced by the first instance court to the summary of the reasons for appeal (two years and six months of imprisonment) shall be too unreasonable;
2. As to the crime of this case, the defendant prepared a knife and other criminal tools in advance and entered the bar in the night, and forcibly withdraws money and valuables from the doer, and the nature of the crime is not easy.
Although the victim appears to have suffered considerable mental impulse due to the crime of this case, the victim did not recover from the damage.
However, in full view of the following factors: (a) the robbery of this case is about attempted attempts; (b) the Defendant appears to have caused the instant crime by contingency in the event of economic difficulty; (c) the Defendant appears to have committed a crime by recognizing his fault; (d) the Defendant has no criminal power; and (e) the Defendant has no other criminal power; and (e) other various sentencing conditions, such as the Defendant’s age, character and conduct, motive, means and consequence of the commission of the crime; and (e) the level of sentencing in the instant case, including the circumstances after the commission of the crime, etc., the sentence of the first instance court sentenced to imprisonment for a period of two
Therefore, the defendant's assertion of unfair sentencing is justified.
3. As the defendant's appeal is with merit, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.
[Grounds for the judgment of multiple times] Criminal facts and summary of evidence recognized by the court is the same as stated in each corresponding column of the judgment of the court of first instance, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 342, 334 (2) and (1), and 333 of the Criminal Act applicable to the crimes and Articles 342, 334 (2) and (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the judgment on the grounds for appeal);
1. Suspension of execution under Article 62(1) of the Criminal Act (The favorable circumstances in determining the grounds for appeal).