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(영문) 서울고등법원 2013.12.19 2013노3264
강도상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) at the time of committing a crime with mental disability, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

(2) The sentence sentenced by the lower court of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

B. As to the injury by robbery among the facts charged in the instant case by the public prosecutor, the defendant was sufficiently aware that the victim was a taxi that was stolen at the time, and that the defendant was willing to open a cab with the driver's seat reading center in order to attach the defendant, while driving the cab, and thus, the defendant exceeded the victim's floor, and thus, it was sufficiently recognized that the defendant was inflicted an injury by assaulting to resist the recovery of property or to escape from arrest. However, the judgment of the court below that recognized the defendant only by larceny and acquitted the defendant on the grounds of the misapprehension of facts or by misunderstanding relevant legal principles, which affected the conclusion of the judgment.

2. Determination

A. On May 18, 2013, the summary of this part of the facts charged is as follows: “Around May 18, 2013: (a) the Defendant discovered one of the FNFnata-si-si owned by the victim E (the 53 years old) who was set up with the driver’s seat door unlocked, without the driver’s license, and drive the said taxi without authority; (b) the victim gets away from the said taxi and driving the said taxi with the driver’s seat seat reading center, without disregarding it for the purpose of resisting the return of defective goods or evading arrest, making the victim go beyond the floor, thereby getting the victim over the floor, thereby evading the victim’s property restitution. Accordingly, the Defendant attempted to commit a theft.”

The crime of robbery, quasi-Robbery.

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