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(영문) 부산고등법원 (창원) 2015.05.27 2014노358

강도상해등

Text

The judgment of the court below is reversed.

As to the crimes of paragraphs 2 through 9 of the judgment of the defendant, paragraph 1 of the judgment shall be punished by imprisonment for six years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the fact of violation of the Act on the Control of Narcotics, etc. (1) concerning mistake of facts, misunderstanding of legal principles, injury by robbery, and injury by robbery, and violation of the Act on the Control of Narcotics, etc. (1), this part of the facts charged is nothing more than gathering the Defendant in order for

(2) The search and seizure procedure against the defendant is unlawful against the warrant requirement by issuing a warrant for search and seizure without any evidence, failing to present a warrant during the process of arrest, seizure, and search, and going beyond the facts charged in the warrant, and thus, evidence collected in an unlawful investigation procedure as above is inadmissible.

(3) In relation to the injury resulting from robbery, the victim E expressed his wish not to punish the Defendant, and thus the above part of the prosecution must be dismissed.

It is not so.

Even if the defendant used excessive data to threaten the victim E and forcibly take property, there was no intention to take the property, and there was no intention to take the property.

Rather, victims E had intentionally left their belongings and escaped.

(4) With respect to the violation of the Act on the Control of Narcotics, etc., the facts charged are not sufficiently specified, such as the date and time, place, volume, and frequency of the crime.

(5) Although the court below found the defendant guilty of each of the facts charged, it erred in the misapprehension of the warrant requirement, the evidence law, and the legal principles of robbery, thereby adversely affecting the conclusion of the judgment.

B. Other arguments