logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2020.07.21 2020노96
특정범죄가중처벌등에관한법률위반(강도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have tried to forcibly take the victim C’s property.

B. The lower court’s sentence of unreasonable sentencing (12 years of imprisonment) is too unreasonable.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the fact that the Defendant tried to take the victim C (hereinafter “victim”)’s property by force can be sufficiently recognized.

We cannot accept this part of the defendant's argument.

① The Defendant asserts that he merely entered the victim’s side for the remaining time of the vehicle.

The Defendant, immediately before committing the robbery of this case, was admitted to the fact that the Defendant entered the same tea (the victim used only as his residence at the time of committing the instant crime) and asked the victim to do so.

However, the victim stated to the effect that the defendant's above request is "I must not go off. I must nowhere we need to do so," and the defendant went out from the above multiples without opening the following door, and the defendant enters the above multiples in the future.

In light of these circumstances, the defendant does not seem to have entered the above diversary for the reason that the vehicle is closed.

② The Defendant made a statement at an investigative agency to the effect that “I want to drink the drinking. I want to drink the drinking. However, I want to do so due to the lack of money, I want to steals money.”

③ The act of the Defendant, who does not have any relationship with the victim, entering another room in which the victim did not have any relationship with him/her, and the act of hiding the knife knife which was set in the above knife, and hiding the knife in the toilet. The act of the Defendant’s knifeing the knife and threatening him/her to the victim

arrow