(영문) 부산고등법원 2012.12.27 2012노594 | 리걸엔진

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Reasons

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자간(%)

(영문) 부산고등법원 2012.12.27 2012노594

강도강간등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court determined that Defendant and the person subject to a request to attach an attachment order (hereinafter Defendant 1) took the victim’s driver’s license, but the fact is that the Defendant had interests in the victim’s driver’s license and caused the victim to bring his/her driver’s license, and thus, the lower court’s judgment that the Defendant committed robbery by force and rape was erroneous and adversely affected the conclusion of the judgment by misunderstanding the facts. 2) At the time of the instant crime of mental and physical disability, the Defendant did not have any meals for a week and did not have any pain, etc.

3) The sentencing of the lower court on the grounds of unreasonable sentencing (the imprisonment of 18 years is too unreasonable).

B. The lower court’s sentencing is too unfortunate and unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, the defendant's assertion of this part of the grounds for appeal is without merit, in light of the following: (i) the defendant's act of committing the crime of robbery, which is acknowledged by the evidence adopted by the court below as to the claim of mental retardation; (ii) the defendant's act of the defendant before and after the crime of this case, cannot be deemed to have changed right by open opening, etc.; and (iii) the defendant has no or weak ability to distinguish things or make decisions; and (iv) the defendant's allegation of this case is without merit.

3. The various sentencing conditions stated in the records of this case, including the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, along with the various sentencing factors stated by the court below regarding the assertion of unfair sentencing by the defendant and the prosecutor.

유사 판례

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