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(영문) 대전고등법원 2017.04.21 2017노27
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) In relation to robbery injury (2015 high-scale 175 criminal facts No. 1-A. 1-2 of the lower judgment), the Defendant was at the place of crime. However, as indicated in the facts charged, there was no fact that the Defendant conspiredd to robbery with D and E, or forcibly took money and valuables by committing assault and assault to the victim J.

2) In relation to the violation of the Act on the Financial Business Specializing in Credit (2015 high 175 high x 175 criminal facts in the lower judgment), the Defendant only lent an identification card on the ground that D and E contain tobacco, and the Defendant was unaware of whether he/she purchases tobacco using the J’s physical card taken by D and E.

B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of fact, the lower court determined as follows on the grounds stated in its reasoning.

The defendant seems to have partially engaged in the behavior that seems to meet the assault of D and E at the time of crime.

However, according to each statement of D, E, F, and victim J, the defendant is recognized to have moved together with D, E, and E, recognizing the situation where D, E, not paying for sexual traffic but giving rise to the purchase of the escape.

Although it seems that the defendant was not directly exercising physical violence against the victim J, it is the fact that the victimJ forces the victimJ to pay for sexual traffic.

D. E was unable to withdraw cash with the Victim J’s C’s physical card, and the Defendant sent tobacco to E, and was a minor at that time.

In order for E to live tobacco, the Defendant, such as the establishment of the Defendant’s resident registration certificate, etc., has contributed in essence to the crime of purchasing tobacco using a physical card taken by the victimJ.

In addition, in light of the attitude of the defendant, the process of the crime, the relationship between the defendant and the defendant D, and E, the defendant shall withdraw in cash by directly assaulting the victimJ or obtaining a check card from him/her.

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