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(영문) 서울고등법원 2017.01.12 2016노3035
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misunderstanding the fact, has stolen goods in relation to quasi-Robbery, and she only fleded to avoid the fluence by entering the main person, and did not arrest or threaten another person. Therefore, the judgment of the court below which found the Defendant guilty of quasi-Robbery on the premise that the Defendant assaulted the Victim H, is erroneous in the misapprehension of facts.

B. The sentence sentenced by the lower court (a three years and four months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined, the lower court acknowledged the fact that the Defendant invadedd on May 12, 2014, 31 Dong 1004, Gangnam-gu Seoul, Seoul, and carried with the Defendant the goods, and assaulted the victim’s face with his/her left arms for the purpose of evading arrest of the victim H.

The following facts and circumstances acknowledged by the above evidence, i.e., ① the above victim knew that he was the left hand of the defendant, but he was at the right face by displaying the arms.

The wind has fallen down. The wind has fallen down.

As a result, the upper part of the floor of the right side was blick, but there was no upper part.

The statement ".......... the defendant was sealed by the prosecution, not by the time when the proposal was made, and even if the inner diameter falls into the floor, the defendant has fleded.

In light of the fact that the defendant stated as "" and the fact that the court below recognized the facts charged, the judgment of the court below is just and there is no error of law by mistake of facts.

Therefore, this part of the defendant's assertion is rejected.

B. The lower court held that the crime of larceny was committed by the Defendant on 13 occasions at the residence of another person by habitually opening a crime prevention house by habitually opening the house of another person, and when the crime was discovered, the Defendant committed assault against the principal for the purpose of evading arrest.

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