(영문) 서울고등법원 2015.05.14 2015노86 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.05.14 2015노86

강도상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles: (a) the Defendant used violence against the victims, but did not carry golf loans and knife the resistance; (b) the Defendant was not at the level of suppressing the resistance; (c) the victim left a motor vehicle from cash withdrawal to the name of debt repayment security by clarifying his/her intent to voluntarily repay his/her obligation after division into dialogue with the victims after the completion of the situation; (d) there is no causal relationship between the act of violence and the act of violence; (b) the victim C did not form robbery with his/her consent; (c) the victim E did not combine the victim E with one another; and (d) the victim E did not carry a knife and did not constitute the crime of confinement with a deadly weapon, but all of the judgment below convicts the victims of the facts or erroneous by misapprehending the legal principles.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the defendant used violence against the victims by drinking and hunting, and threatened the victims by golf loans with a knife which had been in the kitchen. The victims' knife and knife their knife against the victims' will, the victims' knife their knife with their knife and knife with their knife with the tape. Accordingly, the defendant's assertion of mistake of facts or misapprehension of legal principles is without merit.

B. As to the assertion on unfair sentencing, the Defendant’s act of violence with golf loans and blades against the victims, and the Defendant’s act of forcibly placing cash and automobiles on a long-term confinement, etc. is disadvantageous to the point that the crime is very poor.

However, the crime of this case is committed with the victim C in which the defendant operated.

유사 판례

-부산고등법원 2019.12.19 2019노421

-대전지방법원 2016.10.27 2016노2025

-부산고등법원 (창원) 2014.11.05 2014노177

-대전고등법원 2014.12.12 2014노449

-서울고등법원 2014.02.07 2013노3609