(영문) 대구고등법원 2015.04.09 2014노630 | 리걸엔진

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(영문) 대구고등법원 2015.04.09 2014노630

강도살인등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant and the person whom the attachment order was requested (hereinafter referred to as the “Defendant”) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The part of the defendant's case appears to have led to the crime of this case, the defendant's mistake is against the defendant, and the fact that the defendant has no record of punishment for violent crime is favorable to the defendant.

However, the crime of this case was committed when the defendant was aware that he had a large number of cash in the course of delivering Chinese food, after investigating in advance the surrounding areas of the victim's office, and attempted to steals property by intrusion on the above office at night, and failed due to the operation of the security system, it is difficult to take the victim's scambling due to the security system. After having taken the mind that it is difficult to take the victim's scam and with money, it is difficult to take the remaining victim's scambling property due to the above security system, and then having taken the mind that it would be difficult to take the victim's scambling with the victim's office, leading the victim's scambling, scambling the victim's scambling and taking the property by taking the property back about about 25 times, and

In addition, even though the defendant had been sentenced to punishment for the larceny crime, he committed the crime of larceny at night of the same kind.

Before committing the instant crime, the Defendant searched a method that does not keep the knife via the Internet, and planned the knife and knife of the knife and the knife to be used as the criminal tool to prepare for the knife rice roof, tape, tape, lock, Make and knife, etc. necessary for deceiving the victim.

In addition, the Defendant: (a) organized the floor by cutting the floor as sealed in order to prevent the trace immediately after the commission of the crime; (b) disposed of the otobs that had been on board at the time of the commission of the crime; and (c) knife.

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