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(영문) 서울고등법원 2012.11.08 2012노1951
강도상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts in collusion with Defendant B and Defendant C alone or jointly with Defendant C (hereinafter “victim”)

The judgment of the court below which found Defendant A guilty of the injury by robbery of this case, even though there was no assault or assault on the part of the victim who was scattered on the road floor, and the victim did not receive any money from the victim, was found guilty of the injury by robbery of this case. 2) The sentence of imprisonment with prison labor (three years and six months) by the court below is too unreasonable.

B. On November 27, 201, the date of the occurrence of the instant case, Defendant B, along with Defendant C around 04:0 on November 27, 201, when Defendant B went to the front of the F cafeteria at the G club in Yongsan-gu Seoul and his pharmacy, Defendant A and the victim, who had a little area of view, asked Defendant B and the victim whether they were son or not, and even though there was no assault or forcibly taking property, Defendant B guilty of the charge of the injury by robbery in this case against Defendant B, the judgment of the court below which found Defendant B guilty of the charge of the injury by robbery in this case, which affected the conclusion of the judgment by misunderstanding of legal principles (preliminary assertion). However, the judgment of the court below that the victim caused a hole in the face of the victim, etc., but it was relatively minor that the injury was not treated, and it cannot be deemed that the crime of robbery was naturally cured and that it was the injury of the crime of robbery. Thus, the judgment of the court below that affected the conclusion of the judgment by misapprehending legal principles.

C. A person who assaults a victim of mistake of facts in Defendant C1 was the defendant, and the defendant B and the defendant C were arrested on the ground that they participated in the assault due to the report of other witnesses while they were found later by the defendant A's assaulting the victim, but they were arrested.

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