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(영문) 서울고등법원 2018.08.30 2017노2796
강도상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

Summary of Reasons for appeal

A. In order to avoid arrest by misunderstanding the facts and misapprehension of the legal principles as to robbery, the Defendant did not have a victim F (hereinafter “victim”) nor had the victim go beyond the victim in the process of breathing. The degree of the Defendant’s assault cannot be used as a crime of robbery that committed robbery.

The judgment of the court below based on the crime of robbery is erroneous in the misapprehension of legal principles as to the degree of assault by mistake of facts and quasi-Robbery.

B. At the time of preventing the crime under paragraph (1) of the judgment of the court below, the Defendant was in a state of mental and physical weakness due to the same level of shock disorder as the mental illness at the time of committing the crime.

(c)

The punishment sentenced by the court below (three years and six months of imprisonment) is too unreasonable.

Judgment

A. On January 17, 2017, the summary of this part of the facts charged is as follows: (a) the Defendant, at around 12:00 on January 17, 2017, found 3 points of camping goods and 4 points of packaging beef packaging in an aggregate of 96,100 won and 96,100 won at the market price displayed for sale in the E-U.S.; and (b) the Defendant went back to the second floor, and went back to the second floor through emergency stairs, was discovered to the victim, the head of the security team, who was the victim. As the Defendant demanded the victim to move to the middle floor, the Defendant escaped after leaving the body of the victim over the body with a view to evading arrest, and caused the victim to escape so that approximately 3 weeks medical treatment is needed.

2) The lower court’s judgment was conducted by the citizen participatory trial.

The nine jurors are written in a written verdict that "the verdict on the crime of robbery", "the verdict on the crime of robbery", "the verdict on the crime of robbery", "the verdict on the quasi-Robbery", "the verdict on the crime of robbery", "the verdict on the crime of robbery", "the verdict on the crime of robbery", "the verdict on the crime of robbery", "the verdict on the crime of robbery", "the verdict on the crime of robbery", and "the verdict on the crime of robbery", and each of them is written individually in accordance with the jury's judgment.

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