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(영문) 서울고등법원 2015.03.20 2014노3845
강도상해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The Defendants merely attempted to mixed the victims, and did not have any intent or intent to forcibly take money or valuables from the victims. 2) Even if the Defendants were to have taken cash and credit cards from the victims with the intent to forcibly take property, the wife suffered by the victims is not a wound that occurred in the course of assaulting to take property.

B. The Defendants were suffering from mental illness at the time of the instant crime, and they were in a state of mental disability.

C. The sentence imposed by the lower court on the Defendants is too unreasonable.

2. Determination

A. The Defendants asserted that the judgment of the court below on the assertion of mistake of facts only tried to mixed the victims, and that there was no intention or intention to forcibly take money and valuables from the victims, and the court below rejected the Defendants’ assertion in detail in the decision.

The court below acknowledged the circumstances based on the evidence duly adopted and examined by the court below, and found the defendants as follows. The defendants bound the victim with her face and body to be her face and body at several times, and led the victim to her face and body, and the defendant Gap took 10,000 won in cash owned by the victim after the victim's bank was her resistance was obstructed, and the defendant Eul got out of the victim's bank under the situation that the victim's resistance cannot be forced to her resistance. The defendant Eul followed the victim's visit, and confirmed whether the limit of the credit card can be raised to the victim. The defendants assaulted the victim with the defect that the victim could not raise the limit of the credit card because of the victim's weekend, and the defendants moved about about five minutes in the place of crime to return the cash and the credit card to the victim. In full view of the fact that the defendants moved about about five minutes of the credit card at the place of crime, and then the defendants returned the credit card to the victim later.

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