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(영문) 부산고등법원(창원) 2020.09.23 2020노67
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. In the course of pursuing the Defendant’s sexual assault against the Defendant’s female-friendly Gu E, the Defendant committed assault and confinement of the victims, and did not have any intent to forcibly take property from the victims, and did not have any assault or intimidation to suppress the victims’ resistance, and did not commit robbery in collaboration with H by soliciting or committing robbery with H.

Nevertheless, the court below found the defendant guilty of robbery, injury, and special robbery. Thus, the court below erred by misapprehending the legal principles.

B. The sentence imposed by the lower court on the Defendant (four years of imprisonment) is too unreasonable.

2. Determination

A. The defendant argued that the above argument of mistake of facts is identical to the above argument of mistake of facts, and the court below rejected the above argument in detail, and in light of the evidence duly adopted and investigated by the court below, the judgment of the court below is legitimate, and the defendant's argument of mistake of facts is without merit.

B. The instant crime of this case on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant, such as: (a) the Defendant detained victims on the part of the Defendant on the part of receiving E’s agreement money; (b) took money from the victim C; and (c) forcibly withdrawn the money from the victim D; and (b) the Defendant inflicted injury on the victim D in the process; (c) the relevant crime is very heavy in light of the method and manner of the instant crime; (d) the victims suffered heavy physical and mental pain due to the instant crime; and (e) the Defendant committed the instant crime without being aware of the fact that he committed the instant crime without being aware of

On the other hand, the defendant did not want punishment of the defendant by mutual consent with the victims, and the degree of injury suffered by the victim D is not much serious.

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