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(영문) 부산고등법원 2014.10.29 2014노327
강도상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

A set of strings for a seized white package.

Reasons

1. Summary of the grounds for appeal;

A. The judgment of the court below which convicted the defendant of the injury resulting from robbery, even though the defendant's robbery was caused by brush, such as fingers, mixed uneasiness, and depression disorder, etc., which were caused by misunderstanding of facts, is merely caused by a brush, but is not caused by the robbery by the defendant, and even if the defendant's robbery was caused by an injury, it cannot be deemed as an injury in the crime of robbery because the degree of injury was insignificant and cannot be seen as an injury in the crime of injury by robbery.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment, confiscation) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant, on the part of the facts charged, selected the victim D (the age of 35) (the age of 35) who was aware of the Internet NAVER C through a “C,” while advertising the subject matter with the mind that he/she may take the property of another person who suffers from poor living in his/her job.

On October 18, 2013, the Defendant, at around 17:50 on October 18, 2013, intended to operate a yacht sales business, his father, and to hold an explanatory meeting to call a new yacht. However, the Defendant, as the content of counseling, has induced the victim.

around 20:00 on October 22, 2013, the Defendant moved the victim to a motor vehicle (motor vehicle number: E) in the Spoter area (motor vehicle number) operated by the victim and the defendant in front of the railway station located in the Spool-gu, Changwon-si, Changwon-si, the Defendant left the motor vehicle at around 21:0 on the same day, and left the motor vehicle at around 21:0 on the road in front of the continental franchise industry, Co., Ltd., Ltd., located in 451-2 of the continental franchise industry, the Defendant stopped the motor vehicle on the road in front of the continental franchise industry, and caused the deadly weapons prepared in advance (19cm, the blade length of 10cm, No. 10cm, No. 1) on the part of the victim and caused her string to a

The defendant moved to a car for about five minutes, and stops the vehicle on the road side at the entrance of the door and flood inspection, which is located on the sloping road at the sloping-dong in Kimhae-si.

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