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(영문) 대전고등법원 2014.10.17 2014노344
특수강도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the

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

2. Determination on the grounds for appeal

A. As to the assertion of misapprehension of the legal principles, the victim D consistently stated that “after the occurrence of the crime of special robbery in this case, the Defendant invadedd the competent police station immediately after the occurrence of the crime of robbery in this case and threatened the Defendant with “the Defendant’s death of the victim,” and 5 million won in cash on the part of the victim,” and that the Defendant’s statement of the victim is credibility. In light of the above, it can be acknowledged that the Defendant’s attacked the victim, thereby coercing the victim into the resistance and forcibly taking things.

Furthermore, in light of the circumstances where the Defendant intruded into the place where the instant crime was committed and stolen property even three years ago, the Defendant appears to have been aware of the structure of the restaurant, which is the place where the crime was committed, or by any means deemed to have been aware of the victim’s intent to take property in the place where the money was placed, at the place where the instant crime was committed. Therefore, even if the Defendant initially intruded on another’s residence at night without robbery, and had had the intention to take property in the place of the instant crime, the Defendant was found to have had the intention to commit special robbery even if he had the intention to commit the robbery by strengthening the victim’s criminal intent during the commission of the robbery.

Therefore, the defendant's intention of robbery is recognized, and the defendant resists the recovery of property or arrests it in the opportunity of larceny.

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