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(영문) 부산고등법원 2014.10.22 2014노334
강도상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall have been imposed for three years from the date this judgment became final.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor by mistake of facts and misapprehension of legal principles, the court below found the victim not guilty of injury by robbery even if it can be recognized that the victim suffered injury, which erred by misapprehending the legal principles, or by misapprehending the legal principles, thereby

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

2. Determination

A. On January 23, 2014, the Defendant: (a) purchased tobacco at E convenience stores located in Seo-gu, Seo-gu, on January 23, 2014; (b) paid KRW 10,000 to the employee F (19 years of age); and (c) said, the victim took a credit cooperative for the purpose of giving string money; and (d) took the face of the victim by drinking money; and (e) led the victim to a suppression of resistance. After having the victim resisting the victim, the Defendant took cash of KRW 398,00,00 from the depository after having the victim unable to take care of, or had the victim do so at the time of treatment. The Defendant took care of, the victim’s property and inflicted bodily injury on the victim. After the judgment of the lower court, the lower court did not appear to have undergone any change in the victim’s daily life due to any defect in the victim’s body or any other means of treatment outside the hospital, even if the victim was unable to take care of the victim’s body.

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