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(영문) 서울고등법원 2014.11.27 2014노2539
강도상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. The summary of the grounds for appeal reveals that the defendant injured the victim and stolen some of the goods, but there was no intention to robbery at the time, and there was no booms and wallets owned by the victim.

At the time of crime, the Defendant had the weak ability to discern things or make decisions under the influence of alcohol.

The sentence of the court below (two years and six months of imprisonment) is too unreasonable.

2. Determination of mistake of facts and mental disability

A. As to the assertion of mistake of facts, the court below also argued the same contents in the court below. The court below acknowledged the following circumstances acknowledged by evidence duly adopted and investigated: ① specifically explaining the direction of the defendant to the victim to leave the destination to the scene of the crime; ② the place was set at a considerable distance from the entrance of the park cemetery to a considerable distance of at least 500 meters from the defendant's house and dog; ② the defendant did not have Handphones and gates requested the payment of taxi charges; ② the victim got off the vehicle with his hand gate, etc. for the purpose of finding the defendant's wall, and the victim took the head of the victim's body, thereby threateninging the victim; ③ the victim's tobacco was taken from the victim's bar, and the victim took away the victim's things in the course of committing the crime; and ④ the defendant took the defendant's cab and the article into consideration in the process of arresting the defendant's house and the article.

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