[강도살인][집31(3)형,181;공1983.8.15.(710),1164]
In the event that a person kills another for the purpose of destroying a thief (affirmative)
The crime of robbery is established if a person kills another for the purpose of destroying the trace of the crime during the crime of theft.
Article 338 of the Criminal Act
Defendant
Defendant
Attorney Park Woo-young
Seoul High Court Decision 83No109 decided March 24, 1983
The appeal is dismissed.
The grounds of appeal by the defendant and the public defender are also examined.
According to the evidence of the first instance court's judgment maintained by the court below, the crime of murder against the defendant is recognized lawfully and the crime of robbery is established for the purpose of destroying the criminal record during the crime of theft. Thus, the court below's action that held the so-called of the defendant is justified, and there is no error of law of misconception of facts or application of law due to incomplete deliberation, such as the theory of lawsuit, and there is no error of law that misleads the defendant about facts or application of law due to incomplete deliberation. In addition, considering the various factors that are the conditions of sentencing by the record, it is not recognized that the first instance court's sentence against the defendant is just and unreasonable, and therefore there is no error of law of litigation in the court below's action that maintained it. All arguments are groundless.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices O Sung-sung(Presiding Justice)