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(영문) 광주고등법원 2015.05.21 2015노2
특수강도등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for three years and for two years and six months, respectively.

(b).

Reasons

1. Summary of grounds for appeal;

A. The lower court found Defendant A guilty of all the charges against Defendant A (hereinafter referred to as “Defendant” in this paragraph), but the lower court erred by misapprehending the facts as to the following parts, thereby adversely affecting the conclusion of the judgment.

1) Although the Defendant was at the scene of the instant crime, there was no fact that he conspireded to commit the instant crime. In addition, there was no fact that the Defendant committed a violation of the Punishment of Violence, etc. against the Victim I (joint injury) Act (hereinafter “Joint Injury”) with respect to the Victim I, and there was no fact that the Defendant, as a matter of drinking, did not make the victim I’s face and head turn back to the number of the victim I’s face and head, or did not combine the victim’s loss and head with the tape, and that there was no fact that the Defendant forced the victim I to load, threaten, and monitor the victim I on the vehicle.

3) Although the Defendant was at the scene of the instant crime, there was no fact that the Defendant conspiredd to commit the instant crime. Moreover, the Defendant did not reverse the clothes of the victim and cut off his cellular phone. 4) The Defendant was in violation of the Punishment of Injury, Violence, Violence, etc. Act (joint assault) and was not at the scene of the instant crime.

B. The lower court’s sentence on the Defendants’ assertion of unfair sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. Defendant A’s assertion of misunderstanding of facts is 1) The lower court: ① the victim I’s special robbery on the victim I; ② the victim I from the investigative agency to the lower trial to the lower court, and deducted the Defendant A (hereinafter “Defendant A” in this paragraph) from the cellular phone, and reflectrs; ② The Defendant gave back the Defendant’s wallets, cellular phone two, and reflectrs to G. After approximately a week after he was hospitalized, the Defendant left the hospital, returned the said articles, and received a written agreement.

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