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(영문) 서울고등법원 2014.12.12 2014노2905
특수강도
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Although the Defendant conspired with D and reported victims to the police station of the Philippines by false suspicion, and ordered the police officer of the Philippines to cover the victims with illegal possession of narcotics and firearms, the lower court rejected the solicitation relationship based on the statement after the agreement was reached, rather than on the consistent statement at the investigative agency, and did not recognize the facts charged of the instant case.

In addition, even if following the defendant's argument, the defendant's act can be evaluated as in collusion with D at the time of the defendant's participation.

Judgment

For the reasons indicated in its reasoning, the lower court determined that there is no sufficient evidence to acknowledge that the Defendant, in collusion with D and accompanied with D, mobilized the persons of the Philippines who were armed with a gun as a deadly weapon, and forcibly took 1,460,000 won in total (an amount equivalent to KRW 36,50,000 in Korean Won) and acquired pecuniary benefits equivalent to KRW 10,000 in cash, and sentenced the Defendant not guilty.

According to the evidence duly admitted and investigated by the court below, the fact-finding and judgment by the court below is justified, and there is no illegality that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the

Therefore, the prosecutor's argument of mistake is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.

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