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(영문) 서울고등법원 2017.09.20 2017노2147
강도치상
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, there was no fact that the Defendant, by misunderstanding the fact, was committing the victim with beer disease, or threatening the victim with a knife.

However, the court below erred by misapprehending the fact and thereby resulting in the defendant's attempt to deduct money by threatening the victim with beer and beer with a knife.

there is an error of law in finding the person.

2) The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of the facts or misunderstanding of the legal principles received treatment from a hospital twice after being abused by the Defendant, and was issued by a doctor “hump dump, etc. in need of two weeks’ treatment.”

Therefore, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, thereby failing to inflict an injury on the victim due to the Defendant’s crime.

There is an error of judgment.

2) The sentence sentenced by the lower court to the Defendant is too uncomfortable.

2. Determination

A. In light of the following circumstances acknowledged by the court below's duly admitted and investigated evidence of the defendant's assertion of misunderstanding of facts, the court below's judgment to the same purport is just and acceptable, and there is an error of misconception of facts, such as the defendant's assertion of misunderstanding of facts, since it can be sufficiently recognized that the defendant's withdrawal of money by threatening the victim as stated in the facts charged in the case.

subsection (b) of this section.

① From the written statement dated March 16, 2017, the victim threatened the victim’s face with 50,000 won and 500,000 won on the face of the victim, the victim knife with one hand by one hand, and knife another with the victim’s head at 4-5 times, and knife the victim’s head at 4-5 times, and knife the victim’s head.

was stated.

② In the record of the statement made by the victim on March 17, 2017, the victim demanded money from 3 to 4 times her chest with beer disease while the defendant she gets her her fried and pusheded with the victim’s her neck, and the victim her knife is larger.

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