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(영문) 서울고등법원 2018.03.29 2018노164
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. In full view of the facts, misunderstanding of legal principles, Defendant’s act before committing the crime, and circumstances at the time, etc., it is acknowledged that the Defendant invaded upon the victim’s residence for the purpose of larceny at night. In a case where the Defendant intrudes upon another’s residence for the purpose of larceny at night, the Defendant’s act of inflicting bodily injury on the victim to escape arrest constitutes robbery at night. In such a situation, the Defendant’s act of inflicting bodily injury on the victim constitutes robbery.

However, the judgment of the court below that found the Defendant guilty of the charge of intrusion and bodily injury included in the facts charged of the robbery of this case and acquitted the Defendant of the facts charged of the robbery of this case was erroneous by misapprehending the facts or by misapprehending the legal principles.

2) The above sentence sentenced by the lower court is too unhued and unreasonable.

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

A. From around 05:50 on August 29, 2017 to around 06:00, the Defendant: (a) opened an unlocked gate and door door door to the victim’s residence in Eunpyeong-gu Seoul; and (b) invaded by the victim’s room after the opening of the room; (c) while the victim was locked in order to steal the victim’s property, the Defendant got off the victim’s face by drinking the victim’s body with a view to evading the arrest of the shoulder from diving; and (d) sold the victim’s part of the part on the part of the victim’s face to the victim, and caused injury to the victim, such as the victim’s impairment of the satise and the satise, which requires two-day medical treatment.

As a result, while the defendant invadeds another's residence at night and tried to steals property, he assaulted the victim for the purpose of evading arrest, thereby injuring the victim.

B. The lower court’s judgment is recognized based on the evidence duly adopted and examined.

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