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(영문) 서울고등법원 2013.11.08 2013노2854

강도미수등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Since the defendant's statement at the police station in the summary of the grounds for appeal was made in a particularly reliable state (hereinafter "special reliable state"), the admissibility of the defendant's testimony at the police officer I's legal statement should be recognized, and considering the above I's legal statement, the victim's statement, and the circumstances of the crime, the court below found the defendant not guilty of attempted robbery and robbery by misunderstanding the legal principles on admissibility and probative value, and misunderstanding the facts.

2. Determination

A. On April 11, 2013, the summary of the facts charged is that the Defendant used money and valuables to take away the price of the cigarette and use the PC room for women who had no money while drinking together with their family members at the 711-dong 301-dong 7, 301-dong Ga, Sungsung-si, the residence of which was located.

1) On April 11, 2013, at around 23:20, the Defendant: (a) followed by the victim F (the 23 years of age) who was walking at the front of the “E” door-to-door “E” door-to-door D; (b) obstructed the victim’s head debt by cutting off the victim’s head debt and by leaving the victim’s left hand; (c) led the victim to force the victim’s resistance; (d) but the playing victim did not have the wind to sit down his arms on the floor; (b) the Defendant tried to take a way to treat the victim’s head on April 23:35, 2013; and (b) the Defendant tried to take a way to take the victim’s right-hand part of the victim’s money and other valuables after leaving the victim’s head debt at his port; and (e) the Defendant 16 years of age to take part of the victim’s water and other valuables after leaving the victim’s water and valuables at his port at his port.