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(영문) 부산고등법원 (창원) 2014.09.24 2014노189

강도치사등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Reasons

1. The sentence sentenced by the court below to the summary of the grounds for appeal (nine years of imprisonment) is too unreasonable.

2. First of all, according to the evidence, the rules of evidence, and the legal principles, unlike the legal opinion of the counsel, the crime of this case can be acknowledged as not the crime of bodily injury but the crime of robbery.

The crime of robbery in this case resulted in death by taking the victim who is unable to resist properly under the influence of alcohol into a remote place and assaulting him/her at the hospital, and causing death. According to the result of the victim's autopsy on the body of the victim, there is no particular damage on the body of the victim, while there is no damage on the body of the victim, it is directly private person due to the discovery of damage on the chest, and such damage is directly caused. Such circumstance is supported by the recording of black boxes installed in the taxi operated by the defendant, and the nature and circumstances of the crime are considerably poor, and the victim has escaped immediately after the crime, and the victim was arrested in the hospital room, but the police's search and investigation was concealed, and the victim cannot be found to have been aware of the fact that it was committed before and after the crime of this case, and it was hard to find that there was no damage on the part of the victim, such as the victim's statement or evidence before and after the crime of this case.