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Reasons
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(영문) 광주고등법원 2013.10.17 2013노231
강도등
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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (four months of imprisonment) is too unreasonable.

B. The prosecutor (1) misunderstanding of facts or misunderstanding of legal principles (a) consistently states that the defendant took the victim’s cell phone whistle and cash KRW 100,000,000 has been forcibly made, and that the defendant has no consistency in his statement, such as the denial of assault at first time, and that the defendant reported to the police by using the victim’s cell phone device while the victim is sent back to a hospital, etc., the defendant may recognize the fact that the defendant took the victim’s cell

In addition, even according to the victim's assertion, the lower court determined that it was difficult to deem that the Defendant had an intent to illegally obtain permission since the Defendant took the mobile phone device and cash 100,000 won to prevent the victim from reporting to the police. However, as long as the Defendant reported to the police by using the victim's mobile phone device, and used the victim's mobile phone device in cash, the Defendant is deemed to have an intent to illegally obtain permission.

(2) The lower court’s sentence imposed on the Defendant is too unjustifiable and unreasonable.

2. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle

A. The following table is arranged when the call details of the defendant and the victim are arranged by time, such as the call details of the defendant and the victim, the date of the case and the following day, the parallel records, etc.:

(1) The call details of each party or the place of the party’s transmission;

8. 21:11 Victims 112, and without connection, the currency is terminated;

5. 8. 21: 21:11 Defendant 19/2/33 of the total number of persons on the road, and Ma in a report made by a person on the road.

8. 8. 21:38 Victims H/ 59 seconds, H M in the event of a breathobbing that the contents of the currency cannot be memory in the course of being drunk.

5. 8. 21:48 Defendant 119/19/1 minute 54 at the time of delivery of currency M

5. 8. 21:51 Defendant 119/10.

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