(영문) 대전고등법원 2014.10.17 2014노306 | 리걸엔진

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(영문) 대전고등법원 2014.10.17 2014노306

강도상해

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for two years.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. Although there is a fact that the defendant in mistake of facts raises money from the victim due to the fact at the time and place stated in the facts charged, there is no fact that there was no deduction of or injury to the victim.

B. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.

C. The lower court’s sentencing (three years and six months of imprisonment) is too unreasonable.

2. The case of applying for compensation order pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings by filing an appeal against the accused accused case, was transferred to the court of the first instance along with the accused case, but there is no reason for reversal ex officio without stating the grounds for appeal concerning the petition of appeal or the grounds for appeal.

On May 7, 2013, at around 01:00, the Defendant loaned money to the victim C (54 years of age) on the front side of the Daejeon-dong, Daejeon-gu, Daejeon-gu, for the reason that the victim refused to do so, the Defendant 42,000 won of cash owned by the victim was deducted from the victim's money in the state money on the part of the victim, and the victim got off the face of the victim due to drinking and birth, and led the victim to the suppression of the victim's resistance.

Accordingly, the defendant took the property of the victim and inflicted an injury on the victim.

(2) The lower court found the Defendant guilty of the facts charged in full view of the following circumstances.

1. The injured party was placed in the drinking house in this Court, and the accused asked E, who had 5,000 won and 5,000 won and received 5,000 won from E, together with the Defendant:

After about 10 minutes, the defendant again demanded 10,000 won to return money to E, and E was refused to request 10,000 won to the victim;

The injured party shall refuse to do so and the restaurant shall be added to the toilet.

참조조문

-소송촉진 등에 관한 특례법 제33조 제1항

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