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(영문) 서울고등법원 2015.11.05 2015노2105

강도상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below erred by misapprehending the legal principles as to the facts charged of this case, although the court below found the defendant not guilty.

2. The summary of the facts charged is that the Defendant was aware of the victim D(25 years of age) and about four years prior to the Internet hosting site through the “Netdo,” which is the Internet hosting site, and the Defendant was willing to force the victim to deprive him of money and valuables or to interfere with the Defendant’s demand by taking advantage of the genuine and passive nature of the victim as a person with disabilities showing self-defacing symptoms.

Around July 2012, the Defendant demanded the victim to return money from the Defendant’s house located in Seocheon-gu, Seocheon-gu, Seocheon-gu, to the extent that it violated the victim’s left right side side part of the victim’s right, thereby making it impossible to resist the victim’s resistance. Around July 2012, the Defendant took 50,000 won in cash from the victim’s injury. Around June 2013, the Defendant took the victim’s property by assault or intimidation and inflicted bodily injury on the victim. Around June 2013, the Defendant demanded the victim to return money from the Defendant’s house and KRW 100,00 to the victim, but the victim refused to return money to the victim, and the victim took care of approximately 50,000,000 won in the boiler room of the Defendant, and the victim refused to return to the victim’s head, and the 100,0000 won in his/her left part of the pipe room of the 200-day.

B. Quasi-Robbery Defendant: (a) at the victim’s house located in Pyeongtaek-gun F in 2013, the victim’s coloned with the gap in the victim’s house in his house, thereby stealing the victim’s electric scambling with an amount equivalent to KRW 150,00,00 in the market value of the victim’s possession in the victim’s house; and (b) the victim was discovered to have stolen one electric scambling with an amount of KRW 70,000 in the market value.