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(영문) 서울고등법원 2015.04.24 2014노3386
특정범죄가중처벌등에관한법률위반(강도상해등재범)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, C1 of misunderstanding of facts or misunderstanding of legal principles, Defendant A, and C of misunderstanding of facts, and Defendant A of her intent to married the victim who was bullyingd by Defendant A’s pro-Japanese appearance G. The victim did not intend to forcibly take the victim’s property, and the victim’s cellular phone (hereinafter “instant cell phone”).

) The key to the vehicle and the key to the vehicle (hereinafter “instant key”).

(2) The lower court erred by misapprehending the legal doctrine or misunderstanding the Defendants’ intention of taking property or of unlawful acquisition at the time of committing the instant crime. (2) The lower court’s punishment against the Defendants of unfair sentencing (Defendant A: 8 years of imprisonment, Defendant C: 4 years of imprisonment, and confiscation) is too unreasonable.

B. Defendant B (1) misunderstanding of facts on the day of the instant crime, Defendant B (hereinafter “Defendant B1”) received a proposal from a mixed victim who was bullying from A and C on the day of the instant crime, and the strong withdrawal of the victim’s property did not appear to be the mother. Nevertheless, the lower court erred by misapprehending the fact that the lower court recognized the Defendant as an accomplice in the crime of robbery and bodily injury by robbery by A and C was erroneous. (2) The lower court’s punishment of the Defendant against the Defendant of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of misunderstanding of facts or misapprehension of legal principles by Defendant A and C

A. The lower court determined that, in full view of the following circumstances admitted by the evidence duly admitted, the Defendants conspired with the victim to force the instant cell phone and key from the victim.

1. Defendant C is divided into a prosecutorial office with "the defendant A has a person who scambling him/herself at the beginning of May 2014, with the person who scambling him/her, and a person who is stored in his/her mobile phone with the victim scambling money.

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