(영문) 부산고등법원 2016.06.15 2016노95 | 리걸엔진

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Reasons

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자간(%)

(영문) 부산고등법원 2016.06.15 2016노95

강도상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles: (a) The degree of assault committed by the Defendant to the victims at the time of the instant crime is not likely to make it impossible or considerably difficult to resist the victims; and (b) it cannot be deemed as assault in the crime of robbery; and (c) the upper part of the victims suffered from the victims may naturally recover, and even if they do not receive any specific treatment, it does not constitute an injury in the crime of robbery, since it is minor to the extent that it does not interfere with daily life.

B. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

(c)

The sentence of the court below's sentence against the illegal defendant is too unreasonable (three years and six months of imprisonment).

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the following circumstances can be comprehensively taken into account, which can be recognized by comprehensively taking into account the evidence duly adopted and examined by the lower court and the lower court, the Defendant committed assault to the extent sufficient to suppress or make it impossible to resist the victims’ resistance.

Recognized.

Therefore, the defendant's above assertion is without merit.

① The Defendant, on September 29, 2015, found the victim returned alone on September 29, 2015, and followed by the Defendant, at the entrance of the apartment, coming back to the back of the victim, leading the victim by one hand, leading the victim, and damaging the victim by going beyond the victim. However, the victim attempted to pay the handbag in which the victim was faced. However, the victim saw the sound and resisted by resisting the victim. The victim was her attempted to commit the crime. The victim she was her: (a) the victim was hick at the entrance of the apartment at the time of entering the apartment at the time; (b) the victim was hicker of the sound; (c) the Defendant was hicking the victim from the back to the back; and (d) the victim was able to get out on the bridge.

statement is made.

(2) The crime against victims E (n, 24 years of age) shall be committed by the defendant, and the defendant shall be around October 23, 2015:15.

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