인질강도
The defendant's appeal is dismissed.
1. According to the summary of the grounds for appeal (misunderstanding the facts), the lower court convicted the Defendant of the charge, misunderstanding of the facts, although the charge of robbery against the Defendant was not recognized.
① The statements of E and F, by which the Defendant was designated as an offender, are not consistent and when time has elapsed. The investigation agency did not observe the criminal identification procedure and did not have to identify the offender E and F, so it is not reliable.
② The head of the foreign exchange bank passbook in the name of the Defendant used to commit the crime was used in Q to commit the crime, and the Defendant did not participate in the robbery of the hostage.
The defendant did not receive any money deposited in the above passbook.
③ The Defendant, upon entering the Republic of Korea on December 10, 2016 and being arrested, became aware of his personal robbery for the first time, and did not escape from the Republic of Korea to avoid the investigation.
2. In full view of all the following circumstances acknowledged by evidence duly adopted and investigated by the lower court and the first instance court, the Defendant may be admitted as having participated in the crime of robbery of the hostage, and the lower court’s conclusion is justifiable.
The defendant's appeal shall not be accepted.
A. E and F, an accomplice of the robbery of the instant case, consistently stated to the investigation agency and the court of the court below that the Defendant was “S” as a person who had acted as the head of the daily friendly head by which the victim was detained in the place of “K” of the Chinese Cheongdo, even before the investigation agency and the court of the court below.
These statements are reliable in the following respects:
① E and F were indicted to Seoul Southern District Court on July 28, 2009 due to the instant act of robbery, and on April 21, 201, E were sentenced to five years of imprisonment, while F was sentenced to four years of imprisonment, and subsequent appeal and final appeal were dismissed, and the said judgment became final and conclusive on February 9, 2012.
E is a person under investigation by the prosecution in the above case.