logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2014.10.28 2014노182
준강도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant - The lower court’s imprisonment with prison labor (four years of imprisonment) is too unreasonable.

B. According to CCTV images installed at a crime scene of mistake of facts (not guilty part of the grounds for quasi-Robbery), the Defendant: (a) acknowledged that the Defendant: (b) starting from the victim I to set up a restaurant entrance and to take a stoke and to take out a stoke, the Defendant left the body of the Defendant who tried to take out the stong; (c) caused the victim’s losses again to spread the victim’s losses; and (d) caused the victim to go out of the s to the stoke; and (c) accordingly, the Defendant’s exercise of force against the victim constitutes an assault that could suppress the victim’s resistance rather than being considered as a passive resistance.

Nevertheless, the judgment of the court below which found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) which is related to the crime, was erroneous and adversely affected by the judgment.

2. Judgment on the prosecutor's assertion of mistake of facts

가. 이 부분 공소사실 피고인은 2014. 3. 10. 07:15경 광주 북구 H 부근 식당에서 종업원인 피해자 I가 주방에서 일을 하고 있는 사이 그 곳 책꽂이에 있던 피해자 소유인 현금 181만 원, 시가 미상의 휴대전화 1대가 들어있는 검정가방 1개를 가지고 나와 오토바이를 타려고 하던 중 이를 눈치 챈 피해자에게 붙잡히자 체포를 면탈할 목적으로 손으로 피해자를 강하게 밀어 넘어뜨려 폭행을 가하였다.

B. The lower court’s judgment comprehensively based on the evidence duly adopted and examined: (i) the fact that the victim was missing a restaurant with the bank owned by him following the Defendant; (ii) the victim attached the part of the Defendant, etc. to the Defendant’s hand when the Defendant was trying to depart from the place near the restaurant entrance; and (iii) the Defendant.

arrow