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(영문) 서울고등법원 2013.05.24 2013노993

강도상해등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for four years.

Defendant

B.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A (hereinafter “Defendant”)’s assertion of mistake of facts, injury by robbery, etc., the Defendant merely committed the above victim’s electric shock machine with the victim’s intent to evade a claim for the value or to force money and other valuables, and did not assault the victim’s mobile phone with the victim’s mobile phone at the time of the instant case. Moreover, considering that the victim’sO reported the fact of assault, the Defendant only went out with the victim’s mobile phone, and did not have a gold spath or gold spath. 2) The Defendant’s punishment (five years of imprisonment) sentenced by the lower court on the ground of unfair sentencing is too unreasonable.

B. Defendant B’s assertion (e.g., a fine of two million won) sentenced by the lower court is too unreasonable.

2. Determination

A. As acknowledged by the evidence duly admitted and examined by the court below, such as the statement of the witnessO of the court below as to the defendant A (hereinafter referred to as "the defendant")'s assertion of mistake of facts, the judgment of the court below is 1,000 won. ① The defendant ordered the victim'sO (hereinafter referred to as "victims" in the same paragraph) to do so on the day of the instant case with two main points, including the defendant B, and 5,000 won and 5,000 won and 5,000 won and 2,000 won of the defendant's daily drinking, first, and remaining after the defendant's drinking, ② The defendant who was the victim who was waiting for paying the drinking value by the defendant to "I will have ever gone without any calculation, and her toileted."