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(영문) 서울고등법원 2019.10.18 2019노1754

강도상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the fact that another customer inside the convenience store operated by the victim on the day of the instant crime, the Defendant started to assault the victim from around 15:05 on the day of the instant crime, and started to stop assault around 15:07, and took the convenience store after leaving the victim's head at around 15:07. The Defendant entered the convenience store for fraud while drinking alcohol, and the other customer immediately assaulted the victim, and brought the victim again, and even though other customer took the victim again, the instant crime may be evaluated as an act of realizing a single property taking advantage of time, and thus, the lower court acquitted the Defendant on the injury by robbery.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unhued and unreasonable.

2. Determination

A. 1) On October 20, 2017, the summary of this part of the facts charged is as follows: (a) the Defendant: (i) entered the convenience store for the operation of the victim located in the Gu-si B on October 15, 2017, and (ii) went to another customer and left with the victim, and (b) went to the victim in the Gu-si; (iii) went to the victim’s face on a drinking house; (iv) opened the victim’s face and head on a hand; (v) opened the victim’s face and head on a hand; and (v) prevented the Defendant from going to go to the next port; (v) took the victim’s face and head on a hand; and (v) took the victim’s face and head on a hand, which is the market price owned by the victim in the air conditioned. Accordingly, the Defendant took property of the victim; and (v) took the victim’s use of the victim’s assault for about 4 weeks, cut the victim’s assault, and opened the victim’s hair or the victim’s injury.

참조조문