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(영문) 서울고등법원 2021.01.22 2020노1659
주거침입등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

misunderstanding the facts as to the Defendant’s special robbery, or misunderstanding the legal principles, with respect to the charge of the Defendant’s special robbery, the Defendant raises more money to the victim;

In other words, the same does not mean that they will not be good, or that they did not make intimidation, and there is no fact of forcibly taking cellular phone.

The misunderstanding of the legal principles does not constitute a deadly weapon.

The punishment of the court below (three years and six months of imprisonment) which is unfair in sentencing is too unreasonable.

This part of the charges is also recognized as a special robbery, since the misunderstanding of the legal principles on the lectures of KRW 5,000 among the special robbery by the prosecutor, and the defendant has committed intimidation to the extent that it is impossible to resist the victim before receiving cash 5,000 won from the damaged person.

The sentence of the court below which is unfair in sentencing is too uneasible and unfair.

As to the Defendant’s assertion of misunderstanding of facts as to the Defendant’s special robbery and misunderstanding of legal principles, the lower court, in full view of the following circumstances, acknowledged the fact that the Defendant forcibly abused the victim’s mobile phone by threatening the victim.

The decision was determined.

A) During the police investigation, the victim specifically stated the details of the Defendant’s intimidation of the victim and the developments leading up to the forcibly taken cellular phone.

The victim's statement in the court below is specific and clear to the extent that it is difficult for the victim to make a statement without direct experience, the main contents of the statement appear to be consistent, and there are motives or reasons to make a statement unfavorable to the defendant in a false manner.

In full view of the fact that it is difficult to see, credibility is recognized.

B) Of the 112 Report Processing table for a witness’s statement and report, “the robbery was found.”

She enter dyna / room and 5,000 won different from each other / balone, and / handphones.

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