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(영문) 서울고등법원 2016.01.07 2015노2926
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, even at the time of speech, did not commit a crime of forcibly taking the victim by scambling the victim, and did not intend to take the victim by scaming the victim, and did not intend to commit a crime of forcibly taking the victim’s bank.

B. The Defendant had a serious depression, and due to the divorce process with the wife, the depression deepened, and the Defendant was physically and mentally weak at the time of committing the instant crime.

(c)

The sentence of the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant’s assertion on this part is without merit, since the fact that the Defendant attempted to cut off the victim, such as cutting off the victim during the course of assaulting the victim, and the Defendant’s strong intent of taking the Defendant’s force.

1) Before finding the victim, the Defendant driven a Done Star Vehicles (hereinafter “Lone Star Vehicles”) and sent the distance of entertainment establishments located in the week (the investigation record 29 through 31, 195 pages). 2) The Defendant stated that it was difficult for the victim to properly check the victim’s face, etc. as the victim was used for the crime of this case, and that the Defendant did not accurately check the victim’s face (the investigation record 197 pages 3). The Defendant was admitted to entertainment establishments located in an area where entertainment establishments are concentrated (the investigation record 197 pages 3) in order to enjoy entertainment from employees of entertainment establishments and women of entertainment establishments or women of entertainment establishments, or to attempt to do so by entering the so-called entertainment clubs, without reporting the victim’s access to the entertainment establishments to the entertainment establishments and make it difficult for the victim to take advantage of the victim’s face, etc.

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