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(영문) 광주고등법원 (전주) 2014.03.25 2014노25

강도상해교사등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment, three years of suspended execution) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles, and the F, I, and J viewed the victim's residence without permission at night, and thereafter, the Defendant continued to talk with the content that the victim would have been damaged, and the victim was moving to a small room again, etc. In the course of continuing the crime of imprisonment with prison labor for about 5 hours and 50 minutes after the victim's intrusion, the victim was deprived of his/her physical card from the victim, and the victim was inflicted about 6 weeks of treatment when 30 minutes of the 30 minutes of the 30-day amount of the 30-day amount of the 30-day amount of the 30-day amount of the 30-day amount of the 30-day amount of the 30-day amount of the 30-day amount of the 30-day amount of the 30-day amount of the 30-day amount of the 20-day amount of the 30-day amount of the 30-day amount of the 2-day amount of the 2-day injury.

2. Determination

A. The Prosecutor’s assertion of mistake of facts or misapprehension of the legal principles is 1) The primary charge is that the Defendant, who was in an internal relationship with the victim D(28 years of age), listened to the horses from the victim, and led to an efficiencies.

around 01:00 on May 27, 2013, the Defendant called “F from the Gangwon-do Incheon-gun E,” and confirmed whether D is accompanied by a female woman, as he/she finds it in the Gunsan-si G, with a friendly Gu, and if D is accompanied by the time of birth, 50,000 won per capita.