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(영문) 대구고등법원 2021.01.14 2020노377
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) As to the crime of special robbery, the Defendant 1 blicks the knife knife knife that knife knife knife knife knife knife knife knife knife knife knife knife to

There was no perception that there was no intention to intimidation in a knife.

Even if there was an intention to intimidation by knife

Even if intimidation, there was no intention to force three soldiers to take the action by intimidation.

2) With respect to a special intimidation, the Defendant did not have any knife knife the victim F with the knife, and did not intimidation.

B. The sentence sentenced by the lower court (three years of imprisonment, five years of suspended execution, etc.) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below acknowledged the credibility of the victim's statement, and according to the statement, it sufficiently recognizes the fact that the defendant threatened the victim C who demanded the calculation of the victim's 3 C with a knife, thereby taking the victim's knife and threatening the victim's knife with a knife and threatening the victim's F

The decision was determined.

In light of the following circumstances, which can be recognized by evidence duly adopted and investigated by the court below, the judgment of the court below is just and there is no error of law by mistake of facts.

This part of the defendant's assertion is without merit.

① On March 29, 2020, the following day of the instant case, the victim C and F made a statement in the police investigation to the same effect as the following, and thereafter, the prosecutor’s office telephone investigation and the lower court’s court consistently made a statement to the same effect.

In light of the empirical rule, the victims’ statements were not unreasonable or contradictory in itself in light of the victim’s statements, and they were falsely tending and make statements to the victims to mislead the defendant [victim C] on March 28, 2020 by shifting work with F, a convenience store store of 16:00 on March 28, 2020, and “the persons who am on a A.I.D. changed their credit, and they should not be free from credit.”

March 2020

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