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(영문) 대구고등법원 2015.06.18 2014노728
강도상해등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B 1) misunderstanding of facts or misunderstanding of legal principles (as to injury by robbery), this part of the crime was committed in the course of Defendant B’s refund of the sales contract amount from the victim F, and thus, it does not constitute an act of taking lectures, and in particular, the crime against the victim F constitutes an excessive act of self-help.

Victim F's injury is not caused by Defendant B's act, but does not constitute injury to the crime of robbery.

B) At the time of the instant case, a person demanding the victim G to return the remaining down payment of KRW 22 million is the victim F, and Defendant B did not demand this. As such, Defendant B did not forcibly take an action against the victim G. Thus, Defendant B was in a state of mental health and physical disability by showing that Defendant B was in a state of her physical strength after undergoing the surgery of the upper cancer at the time of the instant crime.

3) The sentence imposed by the court below on Defendant B of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable. (b) Defendant A did not have attempted to commit the crime with a view to facilitating the instant crime by Defendant B. Nevertheless, the court below recognized Defendant A as aiding and abetting the said crime. The court below erred by misunderstanding of facts. (c) The court below acknowledged Defendant A as a co-principal of the instant crime in violation of the Act on the Robbery, Injury, and Punishment of Violences, etc. (collectively Injury, Deadly Injury, etc.) or evidence submitted by the prosecutor submitted by mistake of facts or misapprehension of legal principles. However, the court below recognized Defendant A as a co-principal of the instant crime in violation of the Act on the Punishment of Robbery, Injury, etc. (collectively Injury, etc.) but the court below

2) The sentence imposed by the lower court on Defendant A (two years of imprisonment and three years of suspended execution) is too unhued and unreasonable.

2. Determination

A. Defendant B’s judgment of mistake of facts or misapprehension of legal principles on Defendant B’s assertion of mistake of facts.

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