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(영문) 대전고등법원 2012.12.28 2012노453
특수강도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that the defendant suffered an injury by putting the victim's flaps, although the defendant did not have dancing the victim's body, by opening the tea door and flapsing the above side of the door, was erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (the maximum term of three years of imprisonment, the short term of two years and six months) is too unreasonable.

2. Determination

A. The Defendant and the defense counsel alleged the same assertion as the grounds for appeal in this part of this part at the lower court, and the lower court acknowledged the credibility of the victim D’s consistent statement duly adopted and investigated by the lower court, and convicted the Defendant as to the crime of injury to the victim D, under the title of “judgment on the Defendant and the defense counsel’s assertion”.

The judgment below

Examining the motive and circumstances of the crime in this part of the record, and the circumstances at the time of the crime, the judgment of the court below is just and it does not seem to have any error of law affecting the conclusion of the judgment by misunderstanding the facts.

The defendant's assertion of mistake is without merit.

B. B. Before determining the Defendant’s assertion of unfair sentencing by authority, prior to the judgment on the Defendant’s assertion of unfair sentencing by authority, the Defendant was a juvenile under Article 2 of the Juvenile Act at the time of the judgment of the court below, but it is apparent that the Defendant was an adult at the time of the judgment of the court below. As such, the Defendant’s reduction of juvenile offenses by law on the ground that he was a juvenile under the Juvenile Act, and the judgment of the court below that sentenced the Defendant’s imprisonment for a short term of two years and six months, which sentenced the Defendant’s imprisonment for a short term of

3. The judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

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