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(영문) 서울고등법원 2013.03.21 2012노3113

강도상해등

Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. On April 30, 2012, the Defendant: (a) met the victims of the instant case with I dormitory that was held in the judgment of the Defendant, along with both of the married couple Vietnam in Vietnam in the Am. on April 30, 2012, and (b) started from around 20:10, and started at around 21:40, the Defendant’s arrival in the dormitory of the Defendant’s female-friendly women’s head of the Gu, and did not either conspired with or take part in the robbery as indicated in C, D, E, etc. by the next day.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment and confiscation) is too unreasonable.

2. Determination:

A. Prior to the judgment on the grounds of appeal by the defendant ex officio, the defendant tried to look at the part of the crime of robbery before the judgment of the court, and "the defendant shall approach the victim H, who had been living there, and pushed the kitchen blade toward the wall, and C shall do so with the victim K (25 years old) of the victim J (24 years old) who had been living there by the kitchen, and shall do so with the victim K (25 years old) who did not take a part of the kitchen's knife with the victim's knife's knife," and "the defendant shall take part of the kitchen's knife with the victim's knife's knife's knife's knife with the victim's knife's knife's knife's knife with the victim's knife's knife's knife."