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(영문) 부산고등법원 2014.09.17 2014노343
공갈
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal principles as to the degree of assault and intimidation in the crime of robbery, or by misapprehending the legal principles, which found the Defendants guilty of special robbery, although the Defendant did not have conspired with C, D, and robbery, and the victims could not be deemed to have been forced to resist at the time of delivering money and valuables.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal, the prosecutor accepted the defendant's argument of mistake of facts and misapprehension of legal principles, and then changed the applicable provisions of law to "public conflicts", "after the victim makes a statement to the purport and makes it impossible to make a statement to the purport," and "after the defendant made a threat to the purport and makes it hot," and "the defendant made a police officer take it against the victims at least 40 million US dollars, 3100 US dollars, 4.5 million US dollars (4.5 million US dollars)" in combination with C and D, "The defendant got the police officer take it against the victims, and the police officer received it from the victims to change the application for permission to change it." Thus, the court below maintained the application for permission to change the contents of the judgment below.

3. If so, the judgment of the court below is based on the above reasons for ex officio reversal, and thus, the prosecutor accepted the defendant's misconception of facts, misunderstanding of legal principles, and modified the indictment, and the defendant made a confession of all the modified charges, so it is deemed that the defendant has withdrawn the allegation of mistake

All decisions on the assertion of unfair sentencing are made.

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