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(영문) 부산고등법원 (창원) 2016.04.27 2015노355
강도상해등
Text

The judgment of the court below is reversed.

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

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of the grounds for appeal

A. In relation to the part of a misunderstanding of facts and misapprehension of legal principles, the injury inflicted by the victim N is minor to the extent that it does not interfere with daily life, and the above victim did not have any particular treatment.

Therefore, although the above injury does not constitute the crime of robbery, the court below found the defendant guilty of this part of the facts charged. Thus, the court below erred by misapprehending the legal principles as to the injury of robbery or by misapprehending the legal principles as to the injury of robbery.

B. The punishment of each sentence sentenced by the lower court against the Defendants ( Defendants A and C, three years and six months of imprisonment, three years and six months of imprisonment, three years and six months of imprisonment, and two years and six months of short-term) are too unreasonable.

2. The judgment ex officio (Defendant B) was made ex officio prior to the judgment on the grounds for appeal by Defendant B, and Defendant B, as Defendant A A’s birth, was sentenced to an illegal sentence by falling under “juvenile” as provided by Article 2 of the Juvenile Act at the time the judgment of the court below was made, but it is apparent that Defendant B was no longer a juvenile under the age of 19, and thus, the judgment of the court below that sentenced Defendant B to an illegal sentence was no longer maintained.

However, even though there is a ground for ex officio reversal on Defendant B, Defendant B’s assertion of misunderstanding of the facts and of the legal principles is still subject to the judgment of this court, and it is to be judged as to this.

3. Judgment on the Defendants’ misunderstanding of facts and misapprehension of legal principles

A. The summary of this part of the facts charged is that the Defendants: (a) on May 16, 2015, 22:2:20 around 16, 2015, on board the victim N (52: 52) to the Osi operated by the Dosan-si Ma and moved to Ulsan, and (b) on the same day, Defendant C is difficult to file a lawsuit against the victim.

The victim shall be allowed to set the taxi on the side of the expressway, and the defendant A shall be able to use the gap in the victim's name.

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