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(영문) 광주고등법원 (전주) 2016.11.15 2016노117
특수강도미수
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant and the respondent for an attachment order (hereinafter “defendant”) guilty of the facts charged of this case based on the victim’s statement without credibility, etc., although the defendant and the respondent for an attachment order (hereinafter “the defendant”) attempted to force the victim by threatening the victim in a knife, it erred by misunderstanding

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the evidence duly admitted and examined, the lower court convicted the Defendant of the instant facts charged on the ground that, in full view of the circumstances as indicated in the lower judgment, the victim’s statement at the investigative agency and the court of the lower court clearly describes the contents that it is difficult to make a statement without his own direct experience and the circumstances at the time of the crime, such as the specific form of act, etc., and the statement about the circumstances before and after the crime is logical and credibility, the Defendant could have concealed the knife used at the victim’s store, and sufficiently recognize the fact that the Defendant made a threat and demanded money by the victim.

B. In addition to the circumstances decided by the court below, in light of the following circumstances recognized by the court below and the evidence duly adopted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error as alleged by the defendant. Thus, the defendant's assertion of mistake of facts is without merit.

1. The defense counsel of the defendant asserts that the defendant lacks consistency in the victim's statements concerning "the process in which the defendant threatened the victim with a knife" and "the process in which the victim took a knife out of the knife window" and "the process in which the victim took a knife

(1) With respect to the circumstances in which the defendant threatened the victim by taking a knife, the victim.

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