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(영문) 광주고등법원 (제주) 2021.03.10 2020노117
강도살인등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for life.

2 knife knife knife knife knife knife knife.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the Defendant (unfair sentencing) sentenced by the lower court is too unreasonable.

B. The prosecutor (misunderstanding of the legal principles) murdered the above victim with a knife for the purpose of taking the victim D's property forcibly from the beginning.

Therefore, even if the Defendant: (a) murdered the victim and acquired cash, returned to the scene of the crime; and (b) obtained mobile phones and physical cards after six (6) hours from the acquisition of the said victim, the act of taking shelter is merely limited to several times, and constitutes a single crime of murder by robbery; and (c) constitutes a single and continuous crime committed by the Defendant.

Nevertheless, the court below acquitted the victims of the violation of the Act on Specialized Credit Financial Business due to robbery and the use of forceless debit cards, which are the primary charges, with respect to the cell phone and physical credit cards owned by the victims D, and found the above victims' successors guilty of the violation of the Act on Special Credit Financial Business due to embezzlement and the use of lost debit cards. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Judgment on the Prosecutor’s misunderstanding of the legal principles

A. The lower court determined on August 30, 2020, based on the premise that the Defendant’s property acquired at the time of committing robbery against the victim D at around 18:50 on August 30, 202, including the aforementioned victim’s mobile phone and physical card as a matter of course, in addition to 10,000 won in cash, murder and the violation of the Act on Specialized in Credit Business, the lower court acquitted the Defendant of the charge on the following grounds: (a) on the ground that at the time of committing robbery, the Defendant appears to have had no intention to obtain illegal gains on mobile phones and physical check; and (b) on the other hand, the Defendant moved the body after about 6 hours from the Defendant, and listens to cellular phone and physical card.

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