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(영문) 부산고등법원 2018.01.11 2017노460
강도등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding or misunderstanding of legal principles (the part concerning robbery and forced indecent act in the judgment of the court below) and the person who requested an attachment order (hereinafter “Defendant”) to whom the Defendant and the person requested to attach an attachment order (hereinafter “Defendant”) attached the victim’s timber by selling at the time and at the place specified in each charge of this part and by other hand, and then damaged the victim’s bed up to the floor. However, as stated in each charge of this case, the court below found the Defendant guilty of each charge of this part of this case, which is erroneous in the misapprehension of facts or in the misapprehension of legal principles.

B. Mental and physical loss or mental weakness (the part on the crime of robbery and forced indecent act in the holding of the court below) the Defendant, immediately before the robbery and forced indecent act committed in the judgment of the court below, took advantage of water exemption for treatment such as depression and decentralization disorder, etc. Furthermore, the Defendant was in a state of mental and physical loss or mental weakness at the time of each of the above crimes.

(c)

The punishment sentenced by the court below to the defendant (seven years of imprisonment, etc.) is too unreasonable.

2. Determination

A. As to the Defendant’s part of the instant case (1) misunderstanding of the legal principles or misapprehension of the legal principles (the part concerning robbery and indecent act committed in the judgment below), the Defendant asserted the same purport in the lower court, and the lower court convicted the Defendant of each of the facts charged on the basis of the circumstances acknowledged by the relevant legal principles and the evidence of the judgment.

Examining such judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable, and there is an error of law as alleged by the defendant.

Therefore, this part of the defendant's assertion is without merit.

(2) The assertion of mental and physical loss or mental weakness.

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