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(영문) 서울고등법원 2016.12.30 2016노3300
강도상해등
Text

The judgment below

All convictions against Defendant A and Defendant B shall be reversed.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. In light of the misunderstanding of facts and misapprehension of legal principles (as to the injury by robbery against Defendant B), Defendant B conspiredd with Defendant A in advance to commit the injury by robbery of this case, and the situation at the time of the crime of injury by robbery of this case, etc., Defendant A and Defendant A conspired with Defendant A in advance, based on such conspiracy relationship, and Defendant B did not actively refrain from Defendant A’s act even at the scene at the time of the crime of injury by robbery of this case. Thus, Defendant B’s conspiracy relation as to the injury by robbery of this case can be sufficiently recognized. Nevertheless, the lower court erred by misapprehending the legal principles or by misapprehending the legal principles, thereby acquitted Defendant B of this part of the charges on the injury by robbery of this case.

B. Defendant A1) misunderstanding of facts and misunderstanding of legal principles, there is no fact that Defendant A detained victims. ② With respect to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similarness), Defendant A committed a similar act under the agreement with the victim G. ③ As to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Act on the Protection of Children and Juveniles against Sexual Abuse"), Defendant A took photographs of the victim’s body with the consent of the victim G. 2) The sentence of unfair sentencing is unreasonable.

C. As to the mistake of facts and misapprehension of legal principles, Defendant B did not have any custody of victims, and there is no fact that Defendant B committed any harsh act against the victims. ② As to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), Defendant B had sexual intercourse in agreement with the victim K. ③ Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Violation of Kamera, etc., and Defendant B had sexual intercourse.

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