(영문) 대전고등법원 2014.05.30 2013노501 | 리걸엔진

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(영문) 대전고등법원 2014.05.30 2013노501

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) In regard to the injury by robbery as stated in the judgment of the court below, the defendant is thief at the date and place specified in paragraph (2) of the facts charged.

The facts that the defendant attempted to flee are acknowledged, but the defendant only saw that the victim tried to go out of the main stairs of the play hall by reporting the defendant and tried to go out with the victim, and the victim could have gone out in the process, but there is no reason to see the head, brea, and gal of the victim.

(2) In relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes No. 13 attached to the judgment of the court below, the defendant did not commit the thief.

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

2. Judgment on the grounds for appeal for mistake of facts by the defendant

A. (1) On February 28, 2013, on the charge of robbery, the Defendant: (a) committed an injury by robbery; (b) around 20:19, in front of the body of the victim F (the age of 55) in Daejeon-gu, Daejeon-gu; (c) in front of the body of the victim F (the age of 55), stolen money and valuables; and (d) obstructed the window on the rear side of the said house; and (d) opened a hacket with the correction device of the said window, and removed the hacks from the body of the victim, thereby taking the 50,000 won amounting to the sum of 50,000 won owned by the victim during the cremation of the cremation-gu.

However, for the purpose of evading arrest, the Defendant: (a) had the victim go out and opened a entrance, and (b) had the chest part of the breast part of the female, and had the head and the part of the head and the part of the drinking by drinking, and (c) had once the snow on the left side, and had the brain and the part of the left eye where the number of treatment days cannot be known to the victim.

(2) The lower court found the Defendant guilty of the facts charged on the following grounds.

(A) There is a victim F’s statement as direct evidence that conforms to the facts charged in the first instance judgment on the credibility of the victim’s statement.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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