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(영문) 광주고등법원 2018.03.15 2017노416
강도상해
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

However, from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) The Defendant, while working for the victim, did not have any intention of unlawful acquisition, on the ground that he only sent the victim’s sexual organ to the male-child body and sent the victim’s text message to the victim, by reporting that the Defendant sent the male-child body and the L message while working for the victim.

2) The injured party’s wife is merely minor and natural to the extent that it does not interfere with daily life, and thus does not constitute the crime of robbery.

B. The sentence that the court below sentenced to the defendant is too unreasonable.

2. Judgment on the grounds for appeal

A. (1) In order to establish the crime of robbery, the establishment of the crime of robbery should first be recognized, and the intent of unlawful acquisition should be required in order to establish the crime of robbery.

The intent of unlawful acquisition refers to the intent to use or dispose of another person's goods as his own goods by excluding the right holder, and it does not require permanent intent to hold economic benefits. Even in the case of deprivation of another person's possession for the purpose of temporary use, the use of the goods itself does not constitute a case where the economic value of the goods itself is consumed to a considerable extent or for a considerable period of time, or where the goods are abandoned to another person, or where they are temporarily used at a place different from their original place (see, e.g., Supreme Court Decision 2012Do1132, Jul. 12, 2012). 2) In full view of the following evidence duly adopted and examined by the court below, the defendant tried to use the goods in question against the victim's will against the victim's right holder of the mobile phone of this case, and under the control of the defendant, it is intended to send letters to the victim's family members like his own goods.

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