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(영문) 서울고등법원 2017.11.30 2017노2229
강도상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) is that the punishment imposed by the court below [one year and two months in imprisonment with prison labor for the crimes listed in (1), (2) Nos. 15 through 55 of the table of crimes listed in the judgment of the court below from among crimes listed in paragraphs (1) and (2) of the judgment of the court below, and four months in prison for the remaining crimes listed in the judgment] is too unreasonable.

Although the statement made by the victim H investigation agency that complies with this part of the facts charged is reliable and it can be sufficiently recognized that the defendant took the victim's property by taking the victim's property into consideration, the court below erred by misapprehending the facts and acquitted the Defendant of this part of the facts charged.

The punishment sentenced by the court below is too uneasible and unfair.

Judgment

The lower court, on the prosecutor’s assertion of mistake of the facts, alleged that the Defendant committed assault against the victim as described in paragraph (1) of the consistent judgment from the investigative agency to the court of the lower court, and that the Defendant did not assault or threaten the victim, or take money or goods from the victim on a knife, knife, knife, or knife; and

Q also stated in the investigative agency and the court below's trial that the defendant's argument was the same as the defendant's argument, and the victim's statement in the investigative agency, the only evidence supporting this part of the facts charged, is not consistent with the victim's statement, such as the reversal of the victim's statement on several occasions, and it is not consistent with the overall circumstances before and after the crime, and it is difficult for investigative agency to recognize its credibility because the cross-examination was not conducted at all at all at the examination by the defendant and the court below, the evidence submitted by the prosecutor alone proves that this part of the facts charged was proven

For the reasons that it is difficult to see that the defendant was acquitted.

Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just.

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