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(영문) 서울고등법원 2020.10.22 2019노2040
강도상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

A. Although there was a fact that the victim had been making a mistake of facts at the time of the instant case of mistake of facts and committed an act of cutting down the victim's arms and cutting off the deception in order to take the means of deception from the victim, there was no fact that a knife knife, as recorded in the facts charged, did not use the part behind the victim's back to the victim, or that a knife knife knife knife knife knife knif

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

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The prosecutor shall maintain the facts charged of the injury by robbery which the court below found guilty in the appellate court as the primary charges, and the name of the crime is "special injury by robbery", applicable provisions of Article 258-2 (1) of the Criminal Act, Article 257 (1) and Article 30 of the Criminal Act", and the facts charged are stated as follows. The prosecutor applied for amendments to the indictment adding special injury as preliminary ones as stated in the "criminal facts", and this Court has changed the subject of

However, as seen below, this Court rendered a not guilty verdict on the injury by robbery, which is the primary charge, and found the guilty guilty on the special injury, which is the ancillary charge, so the judgment of the court below that only the primary charge is subject to the judgment cannot be maintained any more.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court, which will be examined below.

Whether the primary charge (injury by Robbery) is recognized

A. The summary of the facts charged in this part of the facts charged is the relationship in which the Defendant (i.e., "C"), B (i.e., "D"), and E (E, nationality, People's Republic of China, and one (F) came to know while gambling together.

around 13:30 on January 12, 2019, Defendant B, E, and victim I nationality of the Gwanak-gu Seoul Special Metropolitan City G building and H.

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