강도살인
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for fifteen years.
1. Summary of grounds for appeal;
A. Inasmuch as the fact that the defendant committed sexual traffic with the victim at the time and place stated in the facts charged is deemed to have been aware of the fact that the victim and the victim had been engaged in sexual traffic at the same time and place, even if the defendant murdered the victim in order to evade the payment liability for sexual traffic, this is merely a temporary exemption from the creditor's trend, and thus, it cannot be deemed that the defendant was liable for the robbery premised on the establishment of the crime of robbery. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles.
B. The lower court’s sentence of unreasonable sentencing (20 years of imprisonment) is too unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. The lower court found the Defendant guilty of committing robbery based on the evidence indicated in its holding.
B. 1) In order to establish robbery of the relevant legal principles, the crime of robbery should be established first, and in order to establish robbery, the intent of unlawful acquisition (or unlawful acquisition) is required. In order to recognize “acquisition of property benefits”, which is the elements for establishing the crime of coercion under the latter part of Article 333 of the Criminal Act, a situation should be where property benefits have been actually transferred to the victim or to a third party at a disadvantage of the victim (see, e.g., Supreme Court Decision 2007Do8656, Jan. 10, 2008). 2) The evidence duly adopted and examined at the specific judgment of the court below is comprehensively taken into account the following circumstances, namely, ① the president of Pda who was employed by the victim from Sep. 2013 to Feb. 2, 2014 by the victim, and ② the president of Eda, who had worked for Q or the victim from Feb. 2, 2014, did not know about the victim’s sexual traffic at an investigative agency around Mar. 13, 2016.