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(영문) 서울고등법원 2017.12.15 2017노2379
준강도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of quasi-Robbery, in the absence of the fact-misunderstanding or misapprehension of the legal principles, that the defendant removed the victim's hand and pushed the victim, and actively used violence to suppress the resistance, is erroneous in the misapprehension of the legal principles or the misapprehension of the legal principles.

B. The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination:

A. In the lower court’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant asserted the same purport as the above grounds for appeal, and the lower court determined that the Defendant’s assault constituted a crime of robbery, which led to the suppression of the victim’s resistance, by comprehensively taking account of the following circumstances as revealed by the evidence duly admitted and investigated. The lower court rejected the Defendant’s assertion.

원심이 설시한 사정들에 다가, 피해자가 경찰에서 “ 제가 피고인의 팔을 붙잡자 피고인이 팔을 뿌리치며 벽에 밀치고 계속하여 저를 강하게 밀쳐 그 곳 바닥에 ‘ 쿵’ 하고 넘어졌다.

The lower court put the Defendant’s hand on the hand, and the Defendant was faced with the wall by pushing the Defendant’s body, and went off beyond the floor by fasting it.

At that time, the defendant did not occur too much at that time, but he did so with the mind that he would be able to catch the defendant.

밀쳐서 넘어져 그 다음날에는 꼼짝도 하지 못했고, 오른쪽 어깨 뒤 부분에 멍이 심하게 들었는데 지금은 조금 좋아진 상태이다.

At that time, the pain is too rare.

In addition, the defendant's above act constitutes an assault sufficient to suppress the defendant's arrest act. Thus, the above judgment of the court below is just, and there is an error of law by misunderstanding facts or misunderstanding of legal principles as alleged by the defendant.

shall not be deemed to exist.

Therefore, it is true.

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