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(영문) 부산고등법원 2015.05.27 2015노7

강도상해등

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts: (a) even though the victim D of the crime of robbery only saw the Defendant as Defendant A’s child, and the Defendants did not forcibly take the above victim’s wall and pocket book, the lower court found the Defendants guilty of this part of the charges by misunderstanding of facts; (b) although it is difficult to see that the upper part of the victim D caused by misunderstanding of legal principles is a wound to the extent of the injury in the crime of robbery, the lower court convicted Defendant 1 of this part of the charges by misapprehending the legal doctrine as to the injury in robbery.

2) In light of the fact that Defendant A loaned a large amount of money to the victim D and her husband, which was the act attributable to the motive that the Defendants want to receive the payment, the Defendants violated the wrong procedure, and the Defendants were simply agreed with the victim and they did not want the punishment of the Defendants, the sentence of sentence (three years and six months of imprisonment) by the lower court against the Defendants is too unreasonable. (B) In order to prevent the victim H from reporting to the police, the Defendant A of misunderstanding of facts or misunderstanding of legal principles was using the above victim’s cellular phone one time after the victim H was taken off in order to prevent the above victim H from reporting to the police, and the Defendant B was also aware of the above victim’s act and her will to do so with the intent to prevent the above victim’s report clearly, and therefore, it is reasonable to deem that the Defendants abused the above victim by a joint will.

In addition, the defendants led to confession of this part of the facts charged in the court below's decision and evidence of reinforcement is sufficient.

Nevertheless, the lower court acquitted the Defendant of this part of the charges by misunderstanding facts or misapprehending the legal doctrine on “joint intention”.

2. In light of the method of committing the instant crime of unfair sentencing, the nature of the crime is very poor.