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(영문) 광주고등법원 2014.10.23 2014노308
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for fifteen years.

A seized knife knife

Reasons

Summary of Grounds for Appeal

Although the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as “Defendant”) did not commit a crime under paragraphs 1 and 2 at the time of the original trial, the lower court erred by misapprehending the fact.

The sentence of unfair sentencing (20 years of imprisonment) by the lower court is too unreasonable.

On November 27, 2013, around 03:00 on November 27, 2013, the Defendant committed the crime against the victim C with attempted robbery. On the part of this part of the facts charged, the Defendant: (a) committed the crime against the victim C, who returned home in front of the D apartment 1 Dong-si, with the victim C (the age of 42), was prevented from being injured by the victim; and (b) other hand, the Defendant: (c) met with the victim’s right back to the victim’s right back; (d) “A knife, a knife, a knee, kel, kel.” (e.g., the victim’s sound, resisted the victim’s face at five times in drinking, and fled.

In this regard, the defendant was forced to withdraw the victim's property, but did not bring about such intent and did not commit an attempted crime.

On February 21, 2014, around 23:20 on February 21, 2014, the Defendant committed the crime against the victim E, citing two stuffs containing the head of E in the street in front of Gambling City F as two knife, thereby preventing the victim from being injured by cremation, and other hand knife as knife, and saying, “I am blife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife,” but the victim fledd the Defendant with his body knife and knife with

In this regard, the defendant was forced to withdraw the victim's property, but did not bring about such intent and did not commit an attempted crime.

On February 16, 2014, the Defendant attempted special robbery: (a) around 02:20 on 16 February 2014, 2014, knife the knife, which is a deadly weapon in possession of another hand, to prevent the victim from being knifeed in the park after the lower-class 215 lower-class office of the victim, and after dancing in the victim’s item, the victim.

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