logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2015.02.12 2014노454
강도상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment of the court below (one year of imprisonment) is too unreasonable.

In order to avoid arrest, the prosecutor's mistake or misapprehension of the legal principle that the court below acquitted the victim of the bodily injury caused by robbery while walking the victim G's bridge on several occasions and causing bodily injury, etc., the court below erred by misapprehending the legal principles as to the injury by robbery or causing bodily injury by robbery.

The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

On July 5, 2014, at around 03:50, the Defendant was placed in the second floor of Seo-gu, Seo-gu, Seo-gu, Gwangju, in order to find a mistake of facts, and entered a small door door door door door door door door door door door door door door door door door room that the victim G (54 years of age and South) was locked at the inside door door, and the Defendant got out of the door door door door door door door door door door door door door room, and later, after the following door, 22,110 won in cash, 2,00 won in the new world product book, 1 Chapter 2,00 won in the new world product book, and 580,00 won in the market value.

As a result, the victim gets away from the defendant who runs away from the above house gate, and the defendant, in order to escape arrest, was inflicted on the victim's bridge, walking the victim's bridge at several times, and caused the victim's injury, such as the surface and the failure to take a medical treatment for about two weeks, in order to escape arrest.

As a result, the defendant stolen the victim's property and inflicted an injury on the victim for the purpose of evading arrest.

Since violence and intimidation, which is a constituent element of the crime of corresponding legal robbery, is required to be the degree of suppressing people's resistance in the balance with the crime of general robbery, there should be violence and intimidation that can be acknowledged as a degree of suppressing the intention of arrest or seizure of property by a person who intends to arrest or seize property.

arrow