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(영문) 대구고등법원 2017.05.08 2017노81
강도치상등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (unfair sentencing) is too unreasonable as it is too unreasonable for the Defendant (a punishment of imprisonment of three years and six months, and confiscation).

B. The prosecutor (the part not guilty of the facts and the reasons) cited by the camping room and found the Defendant a view behind the driver’s seat of a coal vehicle immediately after the crime was committed. The Defendant knew that the glass was broken, while the Defendant was able to drive on the left side of the victim, the victim’s hand and the victim’s injury was caused by robbery. As such, the injury inflicted on the victim was caused by the opportunity of robbery.

Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged and recognized only special robbery on the ground that the injury suffered by the victim cannot be deemed to have occurred due to the Defendant’s use of the opportunity for robbery. Therefore, the lower court erred by misapprehending the legal doctrine.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts, the Defendant took the cash as stated in the facts constituting the crime of paragraph (a) of Article 2 of the judgment of the court below, and taken a vehicle out of the vehicle. The Defendant followed the Defendant, thereby getting out of the vehicle. The victim’s loss, etc., who gets out of the vehicle at the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the back of the front of the back of the back of the back of the back of the back of the back of the back of the back of the back of the

2) In light of the fact that the arrest of the victim immediately after robbery took place, the court below held that the victim's injury was an opportunity for robbery, and that the victim suffered an accident in the course of making the defendant's vehicle a camping-gu room, but it is recognized that the victim was suffering an accident. ① After committing robbery at the convenience store in this case, the defendant was driving on the vehicle of the defendant who was installed on a road 30 meters away from the escape and 30 meters away from the robbery, and ② the victim was a convenience store.

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