강도등
The defendant's appeal is dismissed.
All applications filed by an applicant for compensation shall be dismissed.
The grounds of appeal shall be considered to the extent of supplement in case of supplemental reasons for appeal, which are submitted by the defense counsel of the defendant after the expiration of the period for appeal.
In fact, misunderstanding of the legal principles and misapprehension of the law (as to robbery of April 9, 2020 of 2020 Gohap 151 case), Defendant assaulted the victim E (hereinafter “victim”) and brought about cash and credit cards of the victim. However, the victim did not pay the drinking value, and the victim did not assault the victim with the intent of forcibly taking cash and credit cards from the victim.
In addition, in light of the fact that one victim took cash and credit card and demanded the return of the victim, the defendant committed an assault to the extent that the victim may suppress the victim's resistance or committed an assault as a means of taking property forcibly.
shall not be deemed to exist.
Nevertheless, the judgment of the court below which found the defendant guilty of robbery is erroneous by misapprehending the facts or by misapprehending the legal principles on intentional act of robbery or assault.
The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.
The judgment of the court below on the assertion of misunderstanding the facts and misapprehension of the legal principles as to the grounds for appeal also asserted the same as the grounds for appeal in this part, and on this basis, the court below admitted and investigated the following circumstances in full view of the following circumstances, it can sufficiently recognize the facts that the defendant abused the victim and forcibly taken property, and the defendant did not accept such assertion on the determination that the defendant had the intent to commit a crime of taking by force
On May 9, 2020 with regard to the criminal facts of the 2020 senior 151 case, the Defendant voluntarily submitted a wall, card, etc. which was arrested as a current criminal to an investigation agency on May 9, 2020 and was in possession at the time, and the F credit card in the name of the victim is in possession.