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(영문) 서울고등법원 2017.05.26 2017노39
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no intention to force the victim to commit a crime.

The Defendant did not assault the victim for the purpose of taking property by force. However, the Defendant took action to get off the course to get out of the place after having inflicted an injury, while having taken action to get out in order to get out of the place to get out of the place, it was only that the Defendant her sprinked the sprink from his her hand to get out of the place.

At the time of the instant case, it is difficult for the victim to clearly recognize whether the Defendant was forced to have a string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the Defendant

특히 피해 자가 사건 직후 경찰에 제출한 자필 진술서에서 “ 가방을 뺐으려 하였으나” 라는 부분을 삭제하고 “ 가방 끈을 뒤에서 잡아 땡기는 등 폭행을 하여” 라는 부분을 추가한 점을 보더라도 이후 피해자가 한 진술 중 피고인이 가방을 빼앗아 가려고 하였다는 취지의 진술은 신빙성을 인정하기 어렵다.

Nevertheless, the judgment of the court below that recognized the defendant's criminal intent of robbery on the grounds of the victim's statement is improper.

B. The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal, etc.

A. 1) The lower court’s judgment also denied the criminal intent of taking advantage of the same purport, and the lower court, taking into account the following circumstances acknowledged by the evidence duly adopted and investigated, had the criminal intent of taking the Defendant into account.

The Court determined that it was recognized.

(1) A victim shall be present at the court of original instance as a witness and have telephone conversations in front of his/her house and door.

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