logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.02.04 2015노3219
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant did not see the victim’s face on the hand floor as stated in the facts of the crime of 2.2. The Defendant, as stated in the judgment of the court below, on two occasions as well as on two occasions, was flickly flicking the victim’s chest due to the flick distance, and did not have the purpose of escape from arrest on the part of the victim.

2) Even if an assault, such as the above facts constituting the crime, was recognized, the degree of assault did not reach the degree of suppressing the victim’s resistance, and thus does not constitute the crime of quasi-Robbery.

3) The injury suffered by the victim is not caused by the assault by the defendant, but caused by the victim's active arrest of the defendant, and its situation is insignificant and does not cause any impediment to daily life, and thus, it cannot be viewed as an injury of robbery.

B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.

[Judgment of the court below is justified in light of the above legal principles and records. The defendant's act of larceny was terminated as he goes beyond the victim who was seated by the defendant, and the victim was committed subsequent to the act of taking the face of the defendant's hand. Thus, the defendant abused the opportunity of larceny.

Although the misunderstanding of facts or misunderstanding of legal principles stated that it cannot be said, the first instance court rejected it on the trial date of the first instance court.

2. Determination

A. In light of the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the court below as to the assertion that the victim did not assault the victim, the defendant's statements at the prosecutor's office and the court below and the victim's police and the court below's statements are credibility. According to this, the defendant's face on his hand as stated in the facts of the crime of this case at the time of the crime of this case.

arrow