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(영문) 서울고등법원 2015.12.16 2015노3068
준강도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to attempted robbery among the facts charged in the instant case of mistake of facts, the Defendant was only walking along the way by hand, etc., and the Defendant did not start the theft execution because there was no scambling of the victim D's automobile design due to his hand failure or the scambling of driving seat by inserting the scams, etc., and the Defendant did not start the theft execution. ② Although there was the fact that the victim F's shoulder was knicked by hand, there was no fact that the victim F's shoulder was knicked by hand in order to escape arrest.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by misapprehending the facts.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant alleged a misunderstanding of facts also made the same assertion as the grounds for appeal in the lower court, and the lower court rejected the above assertion on the following grounds: (a) it is recognized that the Defendant started physical coloring to steal the goods, etc. located in the victim D’s automobile; and (b) it is recognized that the Defendant assaulted the victim F’s neck to escape arrest, by stating the argument and its judgment in detail on the “determination of the Defendant and his defense counsel’s assertion” in the judgment.

In light of the evidence duly admitted and investigated by the court below, the above judgment of the court below is justified.

The above argument by the defendant cannot be accepted.

B. As to the crime of robbery, the Defendant appears to have committed robbery, and the Defendant appears to have taken an attitude to repent of wrong facts while making a confession of the crime of robbery, the damage caused by each crime is not much serious, and the Defendant appears to have been economically lacking at the time of each crime, and the victim D seeks to take the Defendant against himself/herself, and there are favorable circumstances that may be considered in light of the circumstances.

However, this case is a victim.

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