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(영문) 서울고등법원 2015.04.30 2015노50
특수강도미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts merely conspired F and the victim to steals his own will and there was no conspiracy to force him.

B. The sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case was as follows: F, I, J, and K: F, F, Japan’s sojourn expenses and accommodation support; and F, K and J, upon intrusion into the house of the victim H, thereby stealing 2 points owned by the victim (hereinafter “the instant Dogrgrgr”) in the course of the victim’s abduction; and C and K conspired with the victim to take the role of taking the part of the instant Dogrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrging the victim’s body

At around 13:03 on June 12, 2013, the Defendant, along with I, J, and K, moved to the house of the victim by gathering in front of the fireworks where it is impossible to know the trade name in the west-gu G, Japan, and then, the Defendant reported I along with I to the victim’s house and opened the gate outside the victim’s house and opened the J to enter the house beyond the victim’s house, and more than 50 meters of the victim’s house closed and opened the string door and opened the string door of 50 meters of the victim’s house to find the Dog in this case, while leaving the house in order to see the Doggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggg to the victim.

As a result, the defendant invaded the victim's house jointly with F, etc., and forced the victim to withdraw money and valuables, but did not achieve that purpose.

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