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(영문) 부산고등법원 2013.03.27 2012노505
강도상해등
Text

The judgment below

The guilty portion shall be reversed.

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

except that this judgment.

Reasons

1. The court below's scope of judgment in this case is dismissed among the facts charged in this case, and judged guilty as to the robbery, bodily injury, and embezzlement of stolen articles. Accordingly, since only the defendant appealeds the guilty part and dismissed public prosecution without appeal by the defendant and prosecutor, the part of judgment in this court's judgment is limited to the part of robbery, bodily injury, and embezzlement of stolen articles which the court below found guilty.

2. The summary of the grounds for appeal was under the influence of alcohol at the time of committing the robbery in this case, and was in a state of mental disability.

3. Determination

A. In relation to the injury by robbery among the facts charged in this case, the prosecutor ex officio determined the charge as follows: (a) the defendant's name of the crime "in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and attack)"; (b) Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; (c) Article 257(1) of the Criminal Act; and Article 350(1) of the Criminal Act"; and (d) the facts charged as "the defendant found the defendant guilty of the defendant as to the charge of embezzlement of the victim by taking advantage of the appearance of the victim C (the aged 49) who is the elderly in front of the front Dong-dong, Busan Metropolitan City on June 28, 2012 at the time of 3:00 and recommended to change the remaining after drinking alcohol; (d) the victim's head was the empty disease at risk of disregarding C; and (e) the victim's use of the victim's cell phone and 1.

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