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(영문) 광주고등법원 (전주) 2013.12.17 2013노230

강도상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the injury by robbery against the Defendants, which was acquitted on the ground of mistake of facts, the court below found the Defendants not guilty on the ground of mistake of facts that five persons, including the Defendants, intruded the victim’s residence at night and caused the injury to the victim. The Defendants continued to call with F, a teacher, and let the Defendants know that the damage would be inflicted on the victim. Five persons, including the Defendants, continued to go up with the victim, and moved to a large amount of room again, which led the victim to move to a small amount of room, and the Defendants’ confinement continued to have 50 minutes for 5 hours and 50 minutes, and the Defendants’ confinements took a physical card from the victim during the confinements act, and suffered an injury requiring 30 minutes medical treatment from the victim, it should be evaluated that all the Defendants’ criminal acts constituted a crime of larceny using a credit card and an automatic cash payment card, and therefore, the Defendants’ act of taking advantage of the victim’s strong cash payment card constitutes a crime of larceny, and therefore, the Defendants’ act of taking advantage of the victim’s cash payment card constitutes a crime of larceny.

Nevertheless, the lower court erred by misapprehending the facts.

B. The lower court’s sentence of unreasonable sentencing ( Defendants A and B: Imprisonment for one and half years, two years of suspended sentence, one year of suspended sentence, one year of suspended sentence, two years of suspended sentence, etc.) is too unjustifiable and unreasonable.

2. Determination

A. On May 27, 2013, the summary of this part of the facts charged is as follows: (a) Defendant C heard that on May 27, 2013, the victim E (28 years of age) was a female living together with the victim F (the victim’s house from the suspension of indictment on the same day to the time the victim’s house was found; and (b) Defendant A and Defendant A would have the victim receive the amount of 40,000 won per head if the other female is confirmed.