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(영문) 부산고등법원 2014.10.16 2014노504
강도상해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (Defendant A) only stolen the victim's bags from the victim, and did not injure the victim's back head by taking the victim's back head into account an unsound tool.

B. Each sentence (Defendant A: Imprisonment with prison labor for 3 years and 6 months, Defendant B: imprisonment with prison labor for 2 years and 6 months) sentenced by the court below to the Defendants are excessively unreasonable.

2. Defendant A also asserted the same purport as this part of the grounds for appeal, and the lower court rejected Defendant A’s allegation on the ground that Defendant A’s injury suffered in light of the victim’s consistent statement in the investigative agency, the Defendants’ statement in the investigation agency, the statement in the hospitalization diagnosis certificate prepared by the doctorJ, and the specific situation at the time, etc. were not caused by the victim’s bodily injury going beyond the bounds of the crime of this case, but by the price of the victim’s head due to the defect of the victim.

Examining the judgment of the court below in a thorough comparison with the records, the above judgment of the court below is justified, and it cannot be deemed that there was an error of mistake or misapprehension of legal principles as alleged by Defendant A.

Therefore, Defendant A’s ground of appeal on this part is without merit.

3. Determination on the Defendants’ assertion of unfair sentencing

A. As to Defendant A (hereinafter in this paragraph “Defendant”), the Defendant has conditions favorable to the Defendant, such as having no particular criminal power, and having no good health of the Defendant, except for those subject to a fine once due to the young age of 21 and driving without a license.

On the other hand, however, the crime of this case takes part in the defendant B and E's prior planning, and colors female victims who are vulnerable to the crime at the night with physical tool.

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