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(영문) 서울고등법원 2017.08.09 2017노1826
특수강도
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of prosecutor's appeal grounds;

A. The Defendant, by misapprehending the legal doctrine and mistake of facts, took part in the crime of assault and intimidation by C while being fully aware of the crime committed by C at the time when C committed a special robbery, and took part in the crime of special robbery. Since the conspiracy relationship between the Defendant and C and the share of the Defendant’s commission of the act is recognized, the charges of special robbery of this case should be

Nevertheless, the lower court did not admit the charge of special robbery of this case as guilty, and only convicted of aiding and abetting special robbery included in special robbery.

The lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment, and two years of suspended execution) is unreasonable.

2. Determination:

A. 1) In light of the evidence duly adopted and examined by the lower court and the reference materials submitted by the defense counsel, the evidence submitted by the prosecutor alone proves that the Defendant committed a special robbery by sharing the act with the intent of joint processing with C, etc., without any reasonable doubt, in view of the following circumstances.

It is insufficient to view it.

(1) The defendant has consistently conspiredd with C and special robbery from an investigative agency to this court, and has attempted to talked with C.

The argument was asserted.

In fact, the Defendant told C to assault the victim H in Q No. Q, and even when C tried to threaten the victims of the camping-gu and the knife during Sro, C attempted to threaten the victims.

In addition, in the course of getting on and moving a car like C and victims, the defendant gives the victim H with the mind that he does not know about it.

The fine shall be fine.

“At the time of arrival in S, the victims, such as “I am fine”, and “I am fine.”

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