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(영문) 서울고등법원 2019.01.11 2018노3002

강도상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below ruled that the charge of assault against the victim B among the facts charged in this case was dismissed, and the prosecutor did not appeal the above part.

Therefore, the above parts are separated and confirmed as they are excluded from the scope of this Court's trial.

2. Summary of grounds for appeal;

A. As to the injury resulting from robbery among the facts charged in the instant case of mistake of facts, the Defendant did not have any fact that 700,000 won in cash, which occurred within the 2nda suspension among the damaged goods.

B. The Defendant, at the time of each of the instant crimes, was in a state of mental disability due to depression and drinking, but was in an excessive state of mental disability, the lower court erred.

C. The sentence imposed by the lower court (seven years of imprisonment) is too unreasonable.

3. Determination

A. As to the assertion of misunderstanding of facts, the Defendant also asserted the same purport as the grounds for appeal in this part.

Therefore, the court below rejected the defendant's above assertion on the ground that the defendant had a cash of 700,000 won in two parts of the two parts of the two parts of the two parts of the suspension of the two parts, considering the circumstances duly admitted and examined by the evidence.

In light of the records, the above judgment of the court below is just and there is no error of mistake of facts.

The defendant's above assertion is without merit.

B. According to the record as to the claim of mental disability, it is recognized that the defendant was diagnosed of mixed uneasiness and prone disorder at the time of the crime of this case and was under the influence of alcohol.

However, in light of the background, means, and the Defendant’s act before and after the crime of this case, including the fact that the Defendant stated the situation, etc. at the investigative agency after the crime of this case, the right and wrong can be distinguished due to apprehensions, depressions, or saves at the time of the crime.