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(영문) 대구고등법원 2015.06.04 2014노660
특수강도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the statement made by the victim at the investigative agency is reliable, and the facts charged are sufficiently proven according to the above statement, CCTV photograph pictures and images of the crime scene, and the statement of the National Institute of Scientific Investigation on Request for Expert Opinion prepared by the Director of the National Institute of Scientific Investigation. The court below acquitted the defendant on the facts charged of this case. The court below

2. Determination

A. On November 2013, 2013, the Defendant: (a) 2,50,000 won, which he had her work in Busan, was used in full for accommodation expenses, PC bank expenses, etc.; and (b) 2,50,000 won, which he she had left a convenience store in order to raise the cost of living; and (c) she received property from

1) On January 7, 2014, the Defendant committed the crime of January 7, 2014, at around 03:02, 2014, concealed the knife, which is a lethal weapon, in E-mail operated by the victim D(70 years of age) in Daegu Dong-gu, Daegu-gu, and changed tobacco to the said victim. The Defendant, on February 13, 2013, opened the said knife on the knife, which the victim was in the knife in order to take out tobacco, and opened the knife on the knife, which was in the knife in the knife, and opened the knife in the knife in the knife in the knife in the knife, so that the victim could not resist the victim, and opened the knife at the same place as the victim’s knife in the same manner.

Accordingly, the defendant took a deadly weapon in return for the victim's property.

B. The lower court’s judgment is difficult to believe that the statements made to the investigating agency of the victim, which are evidence that seem to correspond to the facts charged in the instant case for the following reasons, and CCTV in the place of crime.

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