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(영문) 부산고등법원 2015.03.18 2014노490
특수강도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On November 201, 2010, the crime period of the instant case, the Defendant had been working in the money exchange station called “M” in the Philippines, and had earned certain income.

However, after the crime of this case was committed, the defendant was stolen while keeping the tax amount of KRW 10 million exchanged by Korean tourists, and the defendant borrowed money from C to compensate for it, but did not repay the above borrowed money.

Accordingly, C forced the defendant to take part in the crime of special robbery by inducing, kidnapping, and force the defendant to take part in the crime of special robbery, from that time, the defendant was only involved in C's such crime, and there was no reason to take part in the crime of this case.

Nevertheless, the lower court erred by misapprehending the facts by misunderstanding the facts charged by reliance on the victim’s statement without credibility due to the failure to observe the criminal identification procedure.

B. Even if the Defendant’s conviction of the Defendant on the ground of unfair sentencing is acknowledged, considering the following: (a) the sentence of imprisonment (one year and three months of imprisonment) by the lower court is too unreasonable, taking into account the following: (b) the Defendant’s act according to C and D’s instructions; (c) did not focus on the degree of participation in the instant crime; and (d) was sentenced to imprisonment for a total of seven years and three months (six years of imprisonment and one year and three months of imprisonment) in the final and conclusive judgment of each special robbery under the latter part of Article 37 of

2. Determination

A. In order to evaluate that the credibility of the victim's statement in the criminal identification procedure by the appearance, appearance, etc. of the suspect is high, the victim's statement or description concerning the appearance, etc. of the offender is recorded in detail in advance, and in principle, the suspect, including the suspect, shall be categorized into the offender by simultaneously meeting with the victim or listening to the voice of the victim.

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