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(영문) 광주고등법원 (전주) 2017.01.24 2015노153
준강도등
Text

The part of the judgment of the court of first instance (including the part of the acquittal) and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below 200 delivered on the ground that the defendant (the judgment of the court below No. 2) was erroneous, which affected the conclusion of the judgment, is erroneous as follows.

A) There was no theft by the Defendant against the Defendant’s residence of the victim D, Yengdong Agricultural Cooperatives, NongHy-dong Agricultural Cooperatives, and Nong Agricultural Cooperatives. The Defendant stolen the passbook by intrusioning the victim D’s residence, and then withdrawn cash from the cash withdrawal period of the said passbook and stolen it.

B) The Defendant, when selling the instant vehicle to the victim H, did not notify the victim H of the fact that the Defendant was aware that the mortgage was established. Therefore, the Defendant did not deceiving the victim.

C) Fraud against the victim J is a fraud, since the Defendant believed the Defendant’s words of the Defendant to substitute and pay the installment of the vehicle, and purchased the instant vehicle with the consent of the victimJ, and even if the Defendant paid the installment of the vehicle to K and paid the installment of KRW 9 million to K, it does not constitute fraud.

2) The Defendant, at the time of committing the instant crime, had a weak ability to discern things or make decisions due to brain death.

Nevertheless, the court below erred by misapprehending the legal principles that the court below did not reduce the defendant's mental and physical weakness, which affected the conclusion of the judgment.

3) The punishment of the 2nd judgment decision (a two-year imprisonment and confiscation) that was unfair in sentencing is too unreasonable.

B. As to the judgment of the first instance court that acquitted the Defendant of the charge of larcenying the victim AZ, BI, BJ, and BC, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though it was found by evidence that the Defendant committed the larceny and committed the quasi-Robbery to the victim BB, and BC.

2) The punishment of KRW 1 and 2 (the first instance judgment): imprisonment with prison labor for a fine of KRW 2 million, and KRW 2:

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