(영문) 서울고등법원 2020.04.22 2019노2541 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2020.04.22 2019노2541

준강도등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) There is no fact that a person commits a misunderstanding of facts (a quasi-Robbery) by theft of school uniforms at a student uniform store, or by theft of school uniforms;

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. 1) In full view of the following circumstances, the lower court determined that, as indicated in paragraph (1) of the crime committed by the Defendant, the Defendant committed an assault against the victim who prevented him/her from theft of his/her uniforms at a student uniform store, and that the victim C was sufficiently aware of the escape facts. (A) The victim C confirmed the Defendant’s photograph at an investigative agency, and stated to the effect that he/she was the criminal of his/her witness, and stated the method and circumstance of the crime, the Defendant’s escape method and route accurately after the crime.

B) The place where the defendant committed the crime as stated in Paragraph 2 of the judgment of the court below is in the direction of the victim's escape, where the defendant committed the crime as stated in Paragraph 2 of the judgment of the court below, which was taken from CCTV installed outside the convenience store stated in the facts of the crime in Paragraph 2 of the judgment.

2) Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as well as the aforementioned circumstances that the lower court determined, the lower court’s determination to the same purport is justifiable, and there is no error of misunderstanding of facts, and there is no error in matters of mistake of facts. (A) The victim C operating a “D” store at a branch of the Defendant’s ground for misunderstanding of facts. (a) the police police, “I am away from the following crosswalks, which a man was able to leave with his/her head with his/her head with his/her clothes, and went away.”

유사 판례

-수원지방법원 평택지원 2019.03.29 2018고단1557

-광주지방법원 2015.12.10 2015노885

-대법원 2006. 11. 9. 선고 2004두14564 판결

-부산지방법원 2020.08.14 2020노449

-서울고등법원 2021.04.08 2020노1902