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(영문) 서울고등법원 2014.10.16 2014노2100
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

When seized Samsung Tallon, S4 1 (No. 1) is added.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles (the part concerning attempted special robbery) stated that the Defendant “anywhere money is money” to the victim after committing the crime of similar rape, but this means that the Defendant is for the purpose of pretending himself as a robbery. As such, the Defendant did not have any intent to robbery, and the Defendant did not have any intent to commit robbery, and at the time when the Defendant told the victim that “anywhere money is paid,” the kitchen blade was not on the part of the victim, and the kitchen blade was laid down on the floor. Therefore, the Defendant did not carry a deadly weapon.

Therefore, the defendant is not guilty of attempted special robbery.

Even if the defendant is found to have committed a crime of attempted special robbery, the defendant's crime of attempted special robbery is suspended according to his/her free will.

B. The sentence of imprisonment (six years of imprisonment) imposed by the lower court on the ground of unfair sentencing is too unreasonable.

C. It is unreasonable for the lower court to order the Defendant to disclose or notify personal information.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts or misapprehension of legal principles that the defendant had the intention to commit robbery, namely, the defendant was investigated by the police and stated to the effect that "the defendant would have come to the house of the victim by entering the house of the victim, who would have come to know that he would have come to come to the house of the victim," and that "the defendant would have come to come to the house of the victim," and the defendant told the victim that "the victim would come to come to the house of the victim," and tried to find the victim's cell phone in the vicinity of the victim's speech that he had the money on the cell phone, and found the victim's cell phone in the victim's speech that there was money on the cell phone, and confirmed whether there was money in the cell phone case. The defendant did not have any intention to commit the act as above even without the robbery.

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