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(영문) 대전고등법원 2019.02.01 2018노500

특수강도등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the crime of mistake of facts in this case, the Defendant did not have committed the crime of special assault with alkin aluminium by the victim C’s ambuck, bucks, bucks, etc., and when the Defendant taken cash from the wall of the victim F from the victim F, the victim F was not in a state of suppression of resistance.

Nevertheless, the court below found the defendant guilty of special assault and special robbery, which is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment.

B. The sentencing of the judgment of the court below on unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination:

A. The lower court, which can be acknowledged by evidence duly admitted and investigated as to the allegation of mistake regarding 1 special violence, states that ① the victim C has consistently made the victim C from the investigative agency to the lower court to restore to the right angle, and the victim C has consistently made a detailed attitude, and then made the victim C at several times, such as bucks of the wooden material, dump, bedump and bedbbbbucks, etc. The defendant stated that the police did not have any fact when the victim C was in anything other than fump, but only used fump and plastic material from the prosecution, and rather used fump, when the victim was in the clothes of the alumin nitrate material, and instead made the statement with the victim C with the clothes of the aluminium material, ③ at the time of the crime, the Defendant and the victim were in the position at the time of the use of fump and sump sumkes and sump sump, and the Defendant made the victim’s statement to the effect of C.