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(영문) 서울고등법원 2015.02.06 2014노2912
강도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There was no fact that the Defendant, at the time of the instant crime, told the victim that “I shall die on her part,” “I shall do so.”

Even though there was no fact that the Defendant stated that the Defendant “I shall die in her way,” at the time of committing the crime, the Defendant may be deemed to have prevented the victim’s resistance by assault and intimidation, and the Defendant taken property by force. As such, this part of the Defendant’s assertion on the grounds for sentencing rather than misunderstanding of facts that affect the conclusion of the judgment, it is reasonable to view that the Defendant’s assertion is a mistake of facts, but it is reasonable to examine this part of whether it can be recognized.

B. At the time of the instant crime, the Defendant was in a state of lacking the ability to discern things or make decisions by taking excessive treatment of a disease.

C. In light of the fact that the Defendant is against unreasonable sentencing and that the Defendant’s assault and threat are relatively minor, the lower court’s sentence against the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court fully recognized the fact that the Defendant stated that “the Defendant was the victim at the time of the instant crime,” “I shall have to die.” (A) The Defendant stated in the police that “I have the victim at the time of the instant crime that “I have the right to die.”

No. 103 of the evidence record No. 103, and the victim stated in the police that "the defendant should die at the time of the crime of this case."

“The statement was made to the effect that it was “.”

In addition, the victim's statement is highly reliable in light of its details, contents and consistency, etc.

2. The Defendant’s instant case.

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