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(영문) 부산고등법원 2013.05.23 2013노134
강도상해등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for not less than three years and six months.

Defendant

A MLB.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendants (the injury by robbery against the victim M) committed the crime of special larceny when the Defendants (the injury by robbery against the victim M), but the Defendants did not use a tangible force to suppress the victim's resistance, such as plucking, plucking, etc. of the victim's arms, but the court below found the Defendants guilty of the injury by robbery against the victim M. In this case, the court below erred by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment. 2) Defendant B (the injury by robbery against the victimO) committed the crime of larceny when Defendant A stolen the goods to the first victim's vehicle of the victim'sO, but the crime of special larceny was committed when Defendant A reported the network by Defendant B, and even if Defendant A again committed the act of larceny against the victim's O, Defendant A could not be deemed to have committed the first crime of larceny against the victim's first offender from the time he committed the crime of larceny to the date of Defendant B's first crime of larceny.

Nevertheless, the court below found the victim's injury by robbery as guilty. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (the 4 years of imprisonment for Defendant A, 1 mother and child confiscation, 3 years and 6 months of imprisonment for Defendant B, and 1 mother and child confiscation) is too unreasonable.

2. Determination

A. As to the injury by robbery against the victim M, the victim M's investigative agency and the court below's decision are admitted as evidence consistent with the facts charged in this part.

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