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(영문) 부산고등법원 2019.08.08 2019노122
강도상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. A. A. On February 5, 2016, the Defendant was injured by robbery with the victim at the time of injury by robbery, but there was no fact that the Defendant intended to take the victim’s bags, and there was no fact that the Defendant did not take the victim’s bags. On November 26, 2015, around November 26, 2015, the thief Defendant did not bring the thief to the Defendant, except for the fluor, reging and fluoring fluor, and the fluoring flus, the fluor would take the victim’s consent, and the glus and fluoring flus were also known to the effect that the victim was the victim and the victim was the victim. Therefore, larceny is not established.

3) On February 9, 2016, the Defendant: (a) thief, at the victim’s room located in Melur N, thief clocked and flicker as the Defendant’s clothes; (b) around February 7, 2016, the Defendant was released from the victim’s room to the Defendant’s clothes; and (c) sturged, the Defendant was placed in front of the Maurter by realizing that the Defendant’s clothes are not immediately after that; (d) on February 7, 2016, the Defendant attempted to calculate the amount of larceny by using the card possessed by the victim’s store in order to purchase three of the burgs at the victim’s store operated by W; (c) the Defendant did not pay, and did not intend to obtain money from the victim, and thus, it did not constitute a crime of fraud.

5) On January 22, 2018, the Defendant: (a) appeared to witness a field where the elderlys in the vicinity of T to another person; and (b) did not interfere with the performance of duties due to the failure of the service room, etc.; (c) around January 25, 2018, the Defendant requested the police officer to search for lost goods; (d) on the part of the police officer; (c) on the ground that the Defendant would not come up with the demand of the police officer for the obstruction of performance of official duties; (d) however, on the part of this part, the Defendant was able to take a bath or dump to the police officer as stated in the facts charged.

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