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(영문) 수원고등법원 2019.07.25 2019노78
강도상해등
Text

The judgment below

The part of the defendant's case shall be reversed.

Defendant

In addition, punishment for the person who requested probation order shall be punished.

Reasons

1. The court below rendered a judgment of conviction on the part of the defendant's case, dismissed the prosecutor's request regarding the part of the request for attachment order, and ordered probation on the part of the request for probation order for three years.

On the other hand, as the defendant and the person subject to the request for the attachment order and the person subject to the request for the probation order (hereinafter referred to as the "defendants") have filed an appeal, only the prosecutor's request for the attachment order whose request is dismissed has no interest in appeal, and Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders are excluded from the scope

On the other hand, since the defendant appealed to the part of the defendant's case, it is deemed that the defendant filed an appeal against the part of the case of probation order claim pursuant to Articles 21-8 and 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

Therefore, the scope of this court's adjudication is limited to the defendant's case and probation order case.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor and fines of KRW 200,000) imposed by the lower court is too unreasonable.

3. Determination

A. The part of the defendant's case is that the defendant was aboard a taxi at night and led the victim C, who is a deadly weapon, fluor, and fluoral fluor, by threatening the victim C, who is a taxi engineer, and assaulted him by drinking and fluoring him, and took a cab under the influence of alcohol content 0.188%. The defendant driving a cab under the influence of alcohol content 0.188%, and leaving the cab without taking necessary measures for the repair cost amounting to 2,577,236 won by shocking the car parked as a cab in the process, and leaving the cab site without taking necessary measures. In light of the contents, method, and risk of the crime of this case, the issue is serious and the crime is not good.

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