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(영문) 대구고등법원 2018.12.06 2018노304
강도상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. On July 20, 2018 and July 31, 2018, the Defendant and his defense counsel asserted the crime of robbery in this case on the grounds of appeal, misunderstanding of facts and misunderstanding of legal principles as to the crime of robbery, and stated to the same purport on the trial date at the first instance trial date at the trial date at the first instance court. However, on October 12, 2018 at the third trial date, the Defendant and his defense counsel explicitly withdrawn the grounds for appeal by mistake of facts and misunderstanding of legal principles, and stated that only the mental and physical disorder and misunderstanding of legal principles are justified on the grounds of appeal.

1) The Defendant, at the time of committing the instant robbery, was in a state that, at the time of committing the instant robbery, the Defendant had a lack of ability to discern or make decisions on the following: (a) a large amount of alcohol that the wife died from cancer; and (b) a large amount of alcohol that the wife died from cancer.

2) The sentence sentenced by the lower court (7 years of imprisonment, confiscation) to the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unfasible and unfair.

2. Determination

A. As to the Defendant’s mental and physical disability argument (as to the crime of robbery), the Defendant argued to the same or similar effect as the grounds for appeal, and the lower court rejected the Defendant’s assertion on the following grounds: (a) in light of the Defendant’s means and methods of committing the crime and its developments, and the behavior at the time of committing the crime, etc. acknowledged by the evidence adopted and examined by the lower court, it can sufficiently be recognized that the Defendant committed the robbery of this case while

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the defendant, knowing the fact that the victim is married, prepared a knife, knife, tape, and opened a face to see only the snow at around 02:50, a new wall 02:50, and entered the room in which the victim is living, and the defendant knife as one hand.

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