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(영문) 서울중앙지방법원 2017.10.13 2017노2739
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles, and improper sentencing)

A. misunderstanding of facts and legal principles (i.e., assault) the Defendant alleged at the time of the instant case: (a) the victim E, by towing the Defendant’s arms, took the Defendant’s arms, and then cut the Defendant’s arms in order to ppuri them; and (b) the Defendant did not commit assault, as indicated in the facts charged, such as 20 parts of the above E’s arms in his hand and 20 parts, etc.

B. The Defendant, at the time of the instant case, grants counseling from D without compensation, and at the time, the Defendant, who had to go to the hospital, shall be subject to counseling later.

The defendant has a criminal intent to commit a theft since he/she was from the possession of Masan, and E has changed to return Masan and only has returned it.

shall not be required to do so.

B. Sentencing 1 Sentencing 200,000,000,000 won, which is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the first instance court as to the assertion of misunderstanding of facts and legal principles (the point of assault) against the victim I, the fact of assault is sufficiently recognized, such as the defendant's loss of the part of the victim E, as stated in the judgment of the first instance court, by taking the part of the victim's arms against the victim E.

Defendant’s assertion I is without merit.

According to the evidence duly adopted and examined by the first instance court on the argument II (the point of Section 1), the Defendant asked the victim E, etc. working in D, who had been in front of the office, to refer to the friendly delivery in front of the office, and to “I take the counseling only,” and immediately after this, E’s answer to “N” is immediately deducted from the above friendly delivery.

어 함께 데리고 있던 아이와 함께 도주하듯이 뛰어서 D을 빠져 나가 도망간 사실, ② 이에 피해자 E가 피고인을 � 아가서 D에서 약 100m 지난 곳에서 피고인의 가방 등을 붙잡은 사실, ③ 그러자 피고인이 “ 조금 있다가 가서 상담을 받으면 될 것...

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