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(영문) 서울고등법원 2013.10.24 2013노2914

강도상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) Although the defendant's criminal defendant's robbery against the victim C was under the influence of alcohol and did not have any intention to commit robbery, the court below erred by misunderstanding of facts or misunderstanding of legal principles by recognizing that the defendant had a criminal intent to commit robbery and finding the defendant guilty of the injury by robbery, which affected the conclusion of the judgment by misunderstanding of facts or misunderstanding of legal principles. 2) Even though the defendant's assault against the victim E was committed by force of the victim E with the criminal intent of robbery, and did not commit the assault as stated in the judgment of the court below, the court below erred by recognizing the above assault and finding the defendant guilty of the injury by robbery, thereby adversely affecting the conclusion of the judgment.

3) Although the Defendant was under the influence of mental and physical illness at the time of each of the instant crimes, the lower court erred by failing to recognize the Defendant’s mental and physical illness, thereby adversely affecting the conclusion of the judgment. (B) The lower court’s sentence of imprisonment for a period of four years is too unreasonable.

2. Determination:

A. Judgment on the Defendant’s mistake of facts or misapprehension of the legal principles as to the Defendant’s assertion of the mistake of facts and the Defendant’s robbery against the Victim C, which could be known from the evidence duly admitted and investigated by the lower court, namely, ① the Defendant’s statement that the Defendant did not have money during the interrogation of the suspect in the public prosecutor’s office, on the ground that the Defendant assaulted the Victim C, but did not have money and valuables deducted from the wind that he did not stand against (164 pages of evidence record, ② the Victim’s statement that the Defendant did not speak at all during the police investigation.