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(영문) 서울고등법원 2020.04.24 2019노2569
강도상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (one year of imprisonment) imposed by the lower court is too unreasonable.

B. According to the prosecutor 1) misunderstanding of facts (not guilty part) A), the victim’s statement of injury by robbery (not guilty part) and CCTV images taken the scene at the time of the instant case, given that a non-discriminatory assault committed by the Defendant was completely sealed by the victim, the victim was in a state of complete restraint. Therefore, the Defendant’s statement that the victim tried to set up against drinking in which the victim was satisfe and took a threat cannot be believed.

In addition, the defendant, after cutting off the victim's resistance, did not commit an attempted attempt to cut off the wall on the part of the second victim's main money, and the defendant's unlawful acquisition intent is sufficiently recognized.

Nevertheless, the judgment of the court below that acquitted this part of the facts charged is erroneous.

나) 폭행의 점(주문 무죄 부분) 비록 직접적인 신체접촉은 없었다고 하더라도, 피고인이 채무를 독촉하는 피해자에게 앙심을 품고 죽여버리겠다고 말하면서 다가가 피해자를 위협하고 무기로 사용할 수 있는 볼펜을 손에 움켜쥔 채 피해자를 향해 주먹을 휘두른 행위는 충분히 피해자에 대한 유형력의 행사로 볼 수 있다. 그럼에도 이 부분 공소사실을 무죄로 판단한 원심에는 사실을 오인한 위법이 있다. 2) 양형부당 원심이 선고한 형은 너무 가벼워서 부당하다.

2. Judgment on the prosecutor's assertion of mistake of facts

A. On July 9, 2019, the Defendant: (a) around July 14:25, 2019, at the subway transfer path in Dongjak-gu Seoul Metropolitan Government, had the victim D (the victim was sent back to the age of 67, resulting in a series of times and the victim was sent to drinking, resulting in several times; and (b) the Defendant could not make the victim take several times and take several times of drinking.

After that, the defendant has left in the victim's left hand.

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