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(영문) 서울고등법원 2014.04.08 2013노3774
강도상해
Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances, such as the misconception of facts (as to the part not guilty in the first instance trial), that the defendant worn a pasture at the time of his residence intrusion, etc., despite the fact that the defendant could have acknowledged the fact that he invadedd a residence at night for the purpose of property saving, and inflicted an injury on the victim for the purpose of evading arrest, the first instance court acquitted him of the injury by robbery, which is the primary charge, which is the mistake of facts. The first instance court erred in the misapprehension of facts that affected the conclusion of the judgment.

B. The sentencing of the first instance court, which set the two-year imprisonment with prison labor for the defendant, as the one of the two-year suspended sentence, is too uneasible and unfair.

2. Determination:

A. On September 13, 2012, around 02:20 on September 13, 2012, the summary of the facts charged is as follows: (a) the Defendant: (b) the victim C (the age of 25) was able to take scam and scam the body of the victim with his hand in order to escape from arrest of the scam; (c) the victim scam scam scam scam and scam scam scam scam scam scam scam scam scamscam scam scamscam scamscam scamscam scamscam scamscam scamscam scamscam scam scamscam scam scamscam scam scam scam.

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