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(영문) 부산고등법원 (창원) 2016.09.21 2016노254
강도상해등
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) In light of the series of processes, etc. in which the Defendant, by misapprehending the legal principles (the fact of robbery) assaulted AA and inflicted an injury on the victim, there was an intentional robbery that the Defendant intended to evade the alcohol value.

Therefore, the judgment of the court below which acquitted the defendant on the charge of robbery of this case is erroneous in the misunderstanding of legal principles as to intentional robbery, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court against the Defendant is too unhued and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. On February 14, 2016, around 22:45, the Defendant: (a) withdrawn cash from the victim AA (e.g., the operator of the above entertainment shop) who is an operator of the above entertainment shop in order to create an opportunity to flee without paying the drinking value equivalent to KRW 538,600, the Defendant paid the drinking value at AC entertainment station located in Jinju-si, AB; and (b) paid the drinking value by withdrawing cash to the neighboring agricultural branch.

Although the above entertainment center was out of the above entertainment center, the victim A had an opportunity to escape with the defendant accompanying the defendant to the nearby agricultural cooperative, and had the victim returned to the above entertainment center with the victim A at the request of the victim AA, the victim A who did not know the personal information of the defendant, etc., and attempted to escape and evade the above drinking value debt.

In order to prevent the defendant from escape on the front side of AH Ski in Jinju-si, the defendant set up two parts of the victim AA's left head, which was attached to the defendant, in his hand, once a week, in order to prevent the defendant from escape. When the victim's right upper part of the victim A's upper part of the upper part, the defendant added about about four weeks to the victim, and 5 days to the right upper part of the victim's upper part, 6 days to the right upper part, and 6 days to the victim.

B. The lower court’s judgment is examined in light of various circumstances, such as its reasoning.

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