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(영문) 부산고등법원 2013.10.02 2013노328

특수강도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) ① consistently stated that E was damaged as stated in the facts charged in this case by the Defendants, ② K, J, H, G, and I stated that E was abandoned on the day of the crime in this case, and these facts were confirmed in a photograph submitted by E. This is consistent with the E’s statement that E was assaulted by the Defendants. ③ The crime in this case was committed during the course of investigation as the suspect in the first fraud case, ③ Since E was investigated as the victim in detail, it is difficult to readily conclude that E’s statement is difficult to believe merely because E was investigated separately in detail. ④ In light of the fact that the Defendants reversed the statements as to assault or damaged articles on several occasions, the defendants’ defense is difficult to believe, and the credibility of the statement is established.

Nevertheless, the court below rejected the statements of E with credibility and rendered a not-guilty verdict on the defendant. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged reveals that the Defendants were unable to recover the invested money from the victim E while running a business together with the so-called --called ---called ---called -- -- -- -- (the ----------------------------------------------------------------------------------

The Defendants, according to the above conspiracys, around 18:00 on December 23, 201, and around 18:0 on December 23, 201, and around 3:00, the Defendant B, and C, will put the Defendants into the office.