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(영문) 서울고등법원 2014.11.07 2014노2282
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant was engaged in robberying police officers in the course of avoiding police officers who are booming with the police clubs. As such, the Defendant did not have the purpose of evading arrest, but did not commit assault to the extent that the Defendant’s resistance and intent are to suppress police officers, the lower court recognized the Defendant’s liability for an injury by robbery by misunderstanding the facts.

2. According to the evidence duly adopted and examined by the court below and the court below, around April 13, 2014, the defendant invadedd the house of the victim D on the second floor of the ground of the building located in Ansan-si, Ansan-si, Seoul-si, and stolen money and valuables equivalent to approximately KRW 2.6 million in total from the Ansan-gu and the small Spane-gu, Span-si, and issued a warning that the defendant would cause the police salary at the ward and sent a warning that the defendant would only cause the danger of arresting the defendant at the direction of F while putting the F in front of a glass door between the ward and the suspender, and harming the victim's house of the second floor of the building located in Ansan-si, Ansan-si, Ansan-si, and thereby causing an injury to the left-hand gate of F, thereby causing an injury to the police harming the defendant, and thus, harming the police at each of the above Gamo-gu and the above Gamo-gu.

Quasi-Robbery is established when a thief commits assault or intimidation in order to resist the recovery of property in an opportunity of larceny or to escape arrest. The assault or intimidation, which is the constituent element of quasi-Robbery, should be deemed to be such a degree that general, objective and objectively arrest and/or exchange of property, or to suppress a person who seeks to escape from arrest and/or exchange of property. On the other hand, it is necessary that such assault or intimidation has de facto pressured resistance.

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