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(영문) 광주고등법원 2013.04.11 2013노30
특정범죄가중처벌등에관한법률위반(강도상해등재범)등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is recognized that Defendant B conspired to commit the crime of injury by robbery with Defendant A in light of the following circumstances: (i) the Prosecutor’s assertion of mistake of facts or misapprehension of legal principles with respect to Defendant B; and

Even if Defendant B was unable to know the result of the above injury,

Even though it constitutes an accomplice in robbery.

Even if Defendant B cannot be admitted as an accomplice in robbery

Even if Defendant B was killed in Defendant A’s car on the alleys of the MPC at all times, and the robbery of Defendant A was completed when he was aware of his robbery and went away from the victim or witness’s tendency.

As such, Defendant B, who was involved in robbery, can be recognized as committing robbery at least.

Therefore, the court below erred by misapprehending the facts or misapprehending the legal principles that found Defendant B not guilty.

① The Defendants resided in the same room. The Defendants stolen the studio to be used in the main room before the day on which the commission of the robbery was committed, and stored in the said room. ② Defendant A was the day of the commission of the robbery, ② Defendant A was placed in the front room around 15:16 and Defendant B got out of the front room at around 15:38, respectively. ③ all the Defendants got out of the studio at the studio; ④ Defendant A got out of the cellular phone at the place where the promise was committed; ④ Defendant A got out of the studio at the place where the promise was committed; ⑤ Defendant B escaped with the studio at the place where the promise was committed; ⑤ Defendant B got out of the studio; ⑤ Defendant B got out of the studio; ⑤ Defendant B got out of the place where the promise was made; ⑤ Defendant B got out of the studio; and ② Defendant B kept the cash taken by force at the main points operated by Defendant B; ② The relevance with the crime of robbery injury and injury in the first statement was denied.

B. Defendant A and the prosecutor’s Defendant.

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