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(영문) 부산고등법원 (창원) 2020.06.24 2019노263
횡령등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

Summary of Grounds for Appeal

As follows, misunderstanding of facts and misapprehension of legal principles (as to injury by robbery), the defendant, along with Co-Defendant B (hereinafter “Co-Defendant B”), used violence first against the victim C, and the victim suffered injury in the process of setting up against the victim, and the degree of assault used by B does not reach the degree of suppression of the victim’s intent and make it impossible for the victim to resist. ② In the process of responding to violence of the victim B, injury is difficult to view that the physical part of the victim’s body was led to the floor of the office, and ③ the degree of assault used by the victim was difficult to be considered as injury caused by robbery, ③ the victim did not have been issued with the victim’s name on November 18, 2017, and the victim could not be determined to have been aware of the fact that the victim did not have any injury to the victim on the part of the vehicle under the name of the defendant, and ④ the victim could not have been ordered to purchase the vehicle under the name of the defendant for the purpose of purchasing the vehicle under the name of the victim.

Three years of imprisonment sentenced by the court below of unfair sentencing.

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