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(영문) 부산고등법원 2013.11.20 2013노461
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. The Defendant did not appear at the time and place indicated in the judgment of the court, and did not injure the victim with a knife for the purpose of evading arrest.

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

2. Determination

A. The following circumstances acknowledged by the lower court to be comprehensively taken account of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, ① the offender of the crime of this case is aware of the victim, who was placed in the second floor construction site of the building located in the Busan Young-gu, Busan, and inspected the site of Madern Construction, which was prepared in advance for the tools owned by the victim.

The mother who was used was off, and escaped against the victim to confirm the damage situation. ② The victim’s statement is likely to distort the victim’s knife with knife, and the defendant’s DNA was detected in the front and the mother’s body removed at the scene of the crime. ③ On the day of the instant case, the victim showed the victim’s face by her mother, who was used by the offender, in the police, while she was out of the criminal, at the time of the crime. The victim stated on the day of the instant case that “the victim was out of the criminal.” The victim’s face was 162cc or 165cc or 165cc or less in the body face of the criminal, and the front was out of 50 times or more in the front, who was out of the criminal.” This victim’s statement was not only distorted by the limitation and illegality of memory ability, but also by the defendant’s appearance, age, etc., but also by the victim’s face at the time of the instant case.”

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