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(영문) 서울고등법원 2016.12.15 2016노3178
준특수강도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment, confiscation) is too unreasonable.

B. Prosecutor 1) Mountainous village 1 is used for the purpose of murdering. In this case, the Defendant’s camping net (hereinafter “this case’s camping net”).

(2) The judgment of the court below which acquitted the Defendant of the special larceny and quasi-special robbery on the ground that the camping net in this case did not constitute a deadly weapon is erroneous in the misapprehension of legal principles, since it took a detailed attitude as seen above and threatened the victims. Therefore, the judgment of the court below which acquitted the Defendant of the special larceny and quasi-special robbery. 2) The sentence imposed by the court below of unfair sentencing is too unfluened and unreasonable.

2. The Criminal Act clearly separates a deadly weapon and dangerous object, and penal provisions shall be strictly interpreted and applied in accordance with the language and text, and shall not be excessively expanded or analogically interpreted in the direction unfavorable to the defendant.

In addition, Article 331(2) of the Criminal Act provides that “the act of theft of another person’s property by carrying a deadly weapon shall be deemed a special larceny, and Article 334(2) of the Criminal Act provides that the act of “the act of taking another person’s property by carrying a deadly weapon shall be punished as an aggravated crime of special robbery, taking into account the fact that the act of taking another’s property by force increases the risk of

In light of the above, it is reasonable to view that a deadly weapon as stipulated in the above Criminal Code is made for the purpose of killing or destroying a deadly weapon, or has any risk equivalent thereto. Whether it constitutes a dangerous article or an article with such risk should be objectively determined according to social norms in light of all the circumstances, such as its original purpose, size and shape, alteration, and method of using the article in the specific criminal process

(See Supreme Court Decision 2012Do4175 Decided June 14, 2012). The lower court determined as follows: (i) The instant camping net is a common camping net.

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