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(영문) 대전고등법원 2014.12.29 2014노314

강도상해

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for five years, and each of the defendants B and C shall be punished by imprisonment for two years and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts and misunderstanding of legal principles are under contact with Defendant A, and there was no prior plan or conspiracy to commit the instant crime, and the victim continued to spit the Defendant and spit the spite or batfeb, thereby resulting in any contingent assault.

B and C, an accomplice, made a statement to the defendant to avoid committing a crime, and the accomplice was not at the position of the defendant to issue an order to the accomplice because the accomplice was older than the defendant.

Dob. The sentencing of the lower court (seven years of imprisonment) is too unreasonable.

B. Defendant B (i) misunderstanding of facts, misunderstanding of legal principles, and the Defendant’s request merely acted in the south of the victim, and did not attract the victim to commit robbery. At the time of the victim’s assault, the victim only acted in the assault of A, and during that process, the victim was incurred even in the cage of the cage at the wind that the Defendant spreads the Defendant, thereby not participating in the crime of A.

A이 피해자를 무차별적으로 폭행하고 지갑을 빼앗을 당시 A의 지시를 받고 두려움과 옆구리 통증으로 피해자 옆에 엉거주춤 쭈그리고 앉아 있었을 뿐이다.

Therefore, even if part of the defendant's participation is recognized, it is merely an aiding and abetting a crime A, and it cannot be viewed that the defendant participated in the result of the injury.

Dob. The sentencing of the lower court (four years of imprisonment) is too unreasonable.

C. C (1) misunderstanding of facts and misunderstanding of legal principles do not have any fact that the Defendant conspireds with A in advance to commit the instant crime, and there is no fact that the Defendant assaults the victim’s face, and only committed the act of taking the victim’s face out of the Victim’s Australia by coercion. Thus, only aiding and abetting A’s robbery was established.

The sentencing of the court below on the sole basis of unreasonable sentencing (three years and six months) is too excessive.