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(영문) 서울고등법원 2018.01.11 2015노3222
준강도미수
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

With the summary of the grounds for appeal, there was no violation of the rules of evidence, lack of trial, mistake of facts, and misunderstanding of the legal principles by the Defendant, who committed assault against F on the 3rd floor of the D St Stak Stak Stak on May 31, 2015, at around 19:30 around 30, 2015.

Even if the defendant was at the above temporary place,

Even if the defendant did not do the act of printing stolen objects, the defendant did not commence the commission of larceny.

Therefore, the attempted robbery is not established.

The judgment of the court below which rejected the defendant's legitimate defense by dependent only on F's statements without credibility, and found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of legal principles by misapprehending the rules of evidence and failing to exhaust all necessary deliberations.

The punishment sentenced by the court below to the defendant (one year of imprisonment) is too unreasonable.

Judgment

Before the judgment on the grounds of appeal ex officio, the Defendant initially assaulted the Victim F with a view to evading arrest from the Victim F, a security guard, while the Defendant intruded into a store store operated by the victim E on the third floor of the D Stalth of the D Stalth in Suwon-si, Suwon-si, Suwon-si on May 31, 2015.

As a result, the Defendant assaulted the Victim F with the aim of taking away the victim E’s property and evading arrest.

“A public prosecutor was prosecuted as the facts charged of attempted quasi-Robbery. At the trial of the party, the public prosecutor prosecuted the above facts charged as the primary charges, and “The Defendant entered the D St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St.

“The facts charged of the intrusion of a structure and violence” are as follows.

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