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(영문) 대구고등법원 2017.01.12 2016노352
강도등
Text

1. The part of the case of the defendant and the part of the judgment of the court below of the second instance against the defendant shall be reversed.

2...

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable for the lower court to order the disclosure and notification of the personal information of the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) to disclose and notify the personal information of the Defendant.

2) The punishment of the lower court (the first instance court: the imprisonment of three years, and the second instance court: the imprisonment of six months) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.

2. Determination

A. Determination 1 ex officio) As to the Defendant’s consolidated trial, the judgment of the court below against the Defendant was rendered, and the Prosecutor filed each appeal against the judgment of the court of first instance against all the judgment of the court below, and this court decided to hold concurrent hearings among all the above appeal cases. Among the judgment of the court of first instance, the part of the judgment of the court of first instance and the part against the Defendant among the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the part against the Defendant and the part against the second judgment

2) As to each robbery around November 2015 and around January 31, 2016, the Defendant did not assert the Defendant on the ground of appeal as to each robbery on November 31, 2015 and around January 31, 2016, on the ground that each robbery is not established after the closure of the pleadings on November 3, 2016, which is the third trial date of the trial, although the Defendant did not assert on the ground of appeal as to each robbery, the Defendant’s allegation that each robbery is not established after the closure of the pleadings on November 3, 2016, which is the third trial date of the trial of the trial of the first instance. Since the victim left as a witness on the trial date of the fourth trial of the first instance trial and testified corresponding to the Defendant’s assertion, it is examined ex officio

A) As to robbery in the middle of November 2015, the victim sought the price of the article from the police around 14:00 on February 11, 2016 to the end of 11, 2016, on the part of the police around the end of 14:00, the victim refused the article's offer of the article by a poppy. The victim's refusal, desire, and walk the boom and face of the article, and the boomed the article 14:0.

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