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(영문) 서울고등법원 (춘천) 2014.04.09 2014노46
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There was no mistake of fact that the defendant committed an assault corresponding to robbery against the victim F.

B. The sentence of the judgment of the court below on unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. (1) The judgment on a statement of mistake of facts is sufficient to the extent that it is generally and objectively possible to suppress other party’s resistance in a balance with the degree of assault under Article 333 of the Criminal Act, i.e., the means to suppress the other party’s resistance, which is the element of the crime of quasi-Robbery under Article 335 of the Criminal Act.

It should be determined according to the degree sufficient to suppress the attack power of the arrest in light of the specific circumstances to be arrested.

(2) According to the evidence duly adopted and examined by the court below, the defendant stolen money from the victim's house, and the victim took the clothes of the defendant, the defendant was pushed the victim's arms and shouldered in the process of breaking down his arms and shoulder to the victim, and thereby, the fact that the victim took the arms and shoulder in the process of breaking down the victim, the victim's arm's arms and shoulder, and the defendant took a flab in the right bridge, and the defendant took a flab in the right bridge. In light of the above legal principles, it can be deemed that there was an assault to the extent that there is a possibility to suppress the act of arrest of the victim. Thus, the defendant's assertion against this is without merit.

B. We examine the argument of unfair sentencing, the following: (a) the amount of damage to the larceny of this case is relatively minor; and (b) the degree of assault against the victim F is not much serious; (c) however, there are circumstances favorable to the Defendant. However, the Defendant committed the instant crime during the period of repeated offense; (d) the Defendant has several criminal records; and (e) the Defendant has several times, including age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) various conditions of sentencing indicated in pleadings, including circumstances after the crime

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