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(영문) 서울고등법원 (춘천) 2017.01.25 2016노166

주거침입등

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

Despite the credibility of the statement made by the victim that the above defendant suffered bodily injury as a result of the Defendant’s misunderstanding of facts (not guilty part of the judgment of the court below) and the Defendant A who illegally escaped from sentencing, the court below acquitted the Defendant of robbery among the facts charged in this case, although the victim’s statement was reliable. The court below acquitted the Defendant of the injury by robbery among the facts charged in this case. The court below erred by misapprehending the facts.

The victim caused the Defendant’s commission of the crime, thereby leading up to the knee and knee. The lower court erred by misapprehending the victim’s principal injury part to the right elel and knee.

The punishment sentenced by the court below to the defendant A (eight months of imprisonment) is too unhued and unfair.

Defendant

B- In relation to the facts charged in the instant case, the lower court acquitted Defendant B on the ground that there was no credibility in the victim’s statement, despite the fact that Defendant B could have been admitted that Defendant B entered the house gate of the victim and the victim, and thus, the lower court erred by misapprehending the legal doctrine.

Of the facts charged in the instant case, the lower court acquitted Defendant B of the charge of larceny, despite the existence of a successive and implicit conspiracy between Defendant B, A, and Bosing phishing staff, by misapprehending the facts or misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

Defendant

A The sentence imposed by the court below is too unreasonable.

Judgment

Defendant

Of the instant facts charged, Defendant A (hereinafter “Defendant” up to the end of Section 2-A) took part in attempted larceny crimes as stated in paragraph 2 of the crime of larceny as indicated in the judgment of the court below, and took part in the direction toward the far left side of the house gate and the Seodaemun criteria, and maintained the above situation.