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(영문) 부산고등법원 2017.05.10 2015노660
강도치상등
Text

[Defendant and the person who requested attachment order C] Of the judgment of the court below, the part of the judgment of the first instance and the attachment order claim.

Reasons

1. The court below found the defendant and the person who requested an attachment order (hereinafter only referred to as "the defendant") to be guilty of murder among the facts charged for robbery against the victim DA by the defendant and the person who requested an attachment order (hereinafter referred to as "the defendant"), and sentenced the defendant to 12 years of imprisonment with prison labor for each of the crimes and the remaining crimes in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. On the other hand, the court below found the special robbery included in the above facts charged constitute a final judgment and acquitted the defendant.

Defendant

A With respect to the guilty portion of the judgment of the second instance, the prosecutor filed an appeal against the entire judgment of the second instance, and the prosecutor does not assert only the grounds for appeal on the judgment of the second instance, and does not dispute not only the grounds for appeal on the acquittal portion but also the grounds for appeal on the judgment of the second instance. As such, the acquittal portion in the judgment of the second instance is exempted from the object of public defense among the parties.

Ultimately, the part of the judgment of the court below of the second instance against Defendant A is limited to the remaining part, excluding the above acquittal part, so the judgment of the court below as to the acquittal part is bound to maintain the conclusion of the judgment of the court below as to the above acquittal part (i.e., the judgment of the court below as to the acquittal part).

A. Of the judgment of the court below 1, Defendant C’s misunderstanding of the facts as to Defendant CA (1), Defendant C conspiredd to commit a special robbery with the victim D, E, and the victim.

However, Defendant C does not murder the victim to Defendant D and E.

D and E, as an adult male, thought that there was no need to avoid harm to the life and body of the victim because they could easily control the victim, who is female, and the death of the victim is the defendant.

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