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(영문) 부산고등법원 2016.03.31 2015노775
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment, even though the defendant was in a state of mental and physical loss or mental weakness due to the main commission at the time of committing each of the crimes in this case.

B. The sentence sentenced by the court below to the defendant (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. We examine the argument about mental disorder. In full view of the following: (a) the process and content of each of the crimes of this case, the means and method thereof, the Defendant’s actions before and after each of the crimes; and (b) the statement made by the Defendant and the victims to the investigative agency, which were acknowledged by the evidence duly adopted and investigated by the lower court; and (c) the Defendant had no or weak ability to discern things or make decisions at the time of

Therefore, the defendant's above assertion is without merit.

B. The Defendant recognized all the criminal facts of this case and divided the errors in the determination of the unfair argument of sentencing.

There is no circumstance to consider the Defendant, such as the following: (a) the degree of injury suffered by the victim F of the instant robbery; (b) the commission of the crime of larceny at night among each of the instant crimes was committed; (c) the commission of the crime of larceny at night; (d) the commission of the crime of larceny at night; and (e) the commission of the crime of robbery was seized and returned to the victim F; and (e) the victim F did not want to punish the Defendant

However, each of the crimes of this case committed by the Defendant infringed upon the victim D’s house for the purpose of theft of money and valuables at the night, but, due to the reasons as stated in the judgment below, it infringed upon the victim F’s house in the neighborhood, thereby taking property against the elderly victim by force and causing bodily injury. In light of the context, content, means, and method of the crime, the crime is committed.

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