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(영문) 부산고등법원 2019.09.26 2019노168

강도상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

A sexual assault treatment program for 40 hours is provided to the defendant.

Reasons

1. Summary of grounds for appeal;

A. The fact that the defendant recognized all the facts charged of this case in the course of the investigation of facts and the trial of the court below was to cooperate in the process of investigation and trial, but the court below erred by mistake of facts as follows.

1) With respect to larceny on August 6, 2018, the Defendant did not intend to transfer the personal belongings on his/her customer to the victim, but did not intentionally result in theft. 2) As to the injury by robbery, the Defendant did not have committed an injury by robbery with the victim F, and the above victim’s wife is the upper part of the victim’s wife, which came beyond the string of the string of the string.

3) As to each attack made on August 9, 2018 and August 10, 2018, the Defendant did not intimidating the victim J as stated in each of the facts charged, and the Defendant lent money to the victim J. The Defendant borrowed Handphones. 4) As to each attack made on August 3, 2018 and August 7, 2018, the Defendant did not intimidating the victims as described in each of the facts charged.

5) The Defendant promised to pay 40,000 won to the destination at the time of boarding a taxi, but the Defendant did not have any intention to commit the act that he or she had shown as much as possible when he or she got into the destination, on the ground that he or she did not demand a larger number of taxi expenses and did not pay it. Thus, the Defendant did not have the intent to acquire it, since he or she did not intend to do so.

7) As to larceny on August 17, 2018, the Defendant did not take a theft of the Defendant’s attempted to bring the victim AJ to the police box after discovering the party wall and bringing to the police box. B. The sentence sentenced by the lower court of unreasonable sentencing (the imprisonment of five years is too unreasonable).

2. Determination

A. We examine ex officio the defendant's grounds for appeal on the application of the amended Act on Welfare of Persons with Disabilities prior to the judgment on the grounds for appeal.

Law No. 15904, Dec. 11, 2018

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