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(영문) 서울고등법원 2018.06.08 2018노461

강도상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (10 months of imprisonment) against the Defendant (unfair sentencing) is too unreasonable.

B. In light of the fact-misunderstanding and misunderstanding of legal principles (misunderstanding of facts, misapprehension of legal principles, and misunderstanding of sentencing) 1) fact-misunderstanding and misunderstanding of legal principles (the part not guilty with reason) demanded the Defendant to leave the victim’s house and to change the victim’s remarks, and the Defendant attempted to force the Defendant even if he did not request the Defendant to specify the subject of the lecture as “money” as “property”, it is clear that the Defendant had attempted to force the Defendant only to force the Defendant, i.e., “property”. As long as he had intentionally or unlawfully obtained robbery, the Defendant was committed with the intent of robbery and the crime of robbery

Nevertheless, the court below erred by misunderstanding the facts and misunderstanding the legal principles that found the charge of robbery not guilty.

2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.

2. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine

A. On August 15, 2017, at around 03:30, the Defendant: (a) opened and intruded the gate and the rear part of the said residence in order, which was not set up in the residence of the victim C victim D in Suwon-si, Suwon-si; (b) and (c) the victim, who was in the living room, was broken out from locking.

“Chicker,” which is a dangerous object on his/her strings, Gabs (No. 1, 13 cm in length, total 23 cm in length) and Gabs (hereinafter “debris”). Then, the victim’s chests are continuously seated with his/her chest.

The purpose of this paragraph is to kill.

giving money;

“Intimidating the victim’s resistance by force, the victim tried to forcibly take the property following the suppression of the victim’s resistance. However, the victim resisted the victim’s upper day by putting the victim’s upper day in hand, and E, who was the child of the victim who was divingd in the side bank, listens to the victim’s sound, takes the victim’s upper part, cuts the victim’s bat, and takes the Defendant’s upper part out of the bat.