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(영문) 서울고등법원 2014.06.12 2014노952
특수강도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

One industrial knife (No. 1), which has been seized.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by mistake of facts and misunderstanding of legal principles (not guilty part of the reasoning in the judgment of the court), the court below held that even though the defendant could have acknowledged the fact that the defendant inflicted an injury on the victim in the course of taking the victim E's money and valuables by taking the victim's money and valuables for about 10 days, the victim's wife suffered was not injured in the crime of injury caused by robbery.

B. The lower court’s sentence of unfair sentencing (three years of imprisonment with prison labor, four years of suspension of execution, community service, and probation order) is too uneasible and unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. Of the facts charged and the judgment of the court below, the Defendant attempted to attract the victim with emergency stairs located on the same floor as “a thickness that would not be hump or multi-hump” and “a thickness that would not be hump or multi-hump” in order to force the Defendant to take money and valuables before the elevator of the seventh-dong, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City, in order to prevent the Defendant from being injured by the victim E (V, 22 years old) who was waiting for an elevator at that place, and to prevent the Defendant from being injured by the victim due to the victim E (V, 22 years old) who was waiting for an elevator at that place. However, the Defendant attempted to attract the victim with the victim with the victim’s face, while she attempted to take the victim’s hump with the victim’s humb and sound following the victim’s humbing for about 10 days in the process.

원심은, 피해자가 그녀의 입을 막은 피고인의 손을 떼어 내려고 반항하는 과정에서 피고인의 손톱에 긁혀 피해자의 안면부(인중 왼편)에 조그맣게 까진 상처가 발생한 사실은 인정되나, ① 피해자가 입은 상처는 일상생활에서 흔히 발생할 수 있는 정도의 것일 뿐만 아니라 피해자도 상처가 경미하여 별다른 치료를 받지 않았고 생활에 불편함을 느끼지 않았다고 진술하는 점, ② 피해자는 사건 다음날 경찰조사를...

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