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(영문) 광주고등법원 2018.11.15 2018노323
강도치사등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants B, C, D, E, and F’s mistake of facts and misapprehension of legal principles) The above Defendants in this case were generated in the course of collecting claims by the said Defendants, and thus, the Fair Debt Collection Act (hereinafter “Claims Collection Act”) is first applied and the application of the crime of robbery under the Criminal Act is excluded.

2) Defendant B, C, E, and F did not take part in the attack against the victim, and the victim could not have predicted that the victim would die because he/she was chered to the damaged sea. As such, Defendant B, C, E, and F did not take part in the attack against the victim. Therefore, the victim’s death is not liable for the crime of robbery or death.

3) Defendant B and C did not exercise the victim’s assault or intimidation to the extent of suppressing the victim’s resistance, and only had the victim’s intention to commit robbery but did not have the intent to commit robbery.

4) As Defendant C’s own attendance at the investigative agency and the fact-finding on the main part of the crime, it constitutes a legally self-denunciation.

5) There is no causal relationship between Defendant E’s act and the victim’s death.

B. Each sentence sentenced by the lower court against the Defendants is too unreasonable.

(c)

The court below's unfair sentencing (with respect to all the defendants) is unfair because each sentence imposed by the court below against the defendants is too uneasible.

2. Determination of misunderstanding of facts and misapprehension of legal principles

A. Defendant B, C, E, and F alleged the same purport as the grounds for appeal under this part of the judgment of the court below, and the court below rejected this part of the assertion in detail as to the grounds for appeal under the “paragraph B, C, D, E, F, and their defense counsel’s claim 1. B.,” of the judgment of the court below.

In light of the legislative intent and contents of the law for the collection of claims, statutory penalty, etc. as set by the court below, the law for the collection of claims excludes the application of robbery, etc. under the Criminal Act.

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