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(영문) 서울고등법원 2017.02.10 2016노2810
강도상해등
Text

The judgment of the court below is reversed.

Defendant

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

seizure.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A (the supplement of the grounds for appeal submitted after the deadline for submitting the statement of reasons for appeal shall be limited to the supplement of the statement of reasons for appeal), mistake of facts and misapprehension of legal principles) injury by robbery, Defendant A conspired with Defendant K, etc. in order to force the payment of the amount of the victim Q Q, thereby inducing Defendant A, etc. to enter the victim Q into the Gwangju transmitting station, or not kidnapping the victim Q Q, and the assault against the victim Q is also a contingent occurrence.

The injured Q would be able to repay the debt to P voluntarily in order to escape from the situation of the dispute with Defendant A.

At the same time, the remittance of KRW 1 billion is not made in an impossible state.

Nevertheless, Defendant A: (a) captured the victim Q Q and took the victim Q and sustained an injury in the absence of resistance; and (b) sustained 1 billion won in the absence of resistance.

In the judgment of the court of first instance, there is an error of misunderstanding of facts and misunderstanding of legal principles.

B) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the violation of defense justice, the Defendant borrowed KRW 3.7 billion from the victim AC as business funds, and the remaining KRW 700 million from the victim AC’s her husband AD’s expenses for appointment of counsel at a criminal trial against the victim AD shall not be paid from the victim AC for solicitation or mediation.

In addition, the defendant A had a child in Japan and had several visits to Japan for the performance of duties related to life-sustaining projects and ties, and did not have stayed in Japan with the aim of escaping criminal punishment.

In addition, the degree of KRW 120 million was returned to one victim AC.

Nevertheless, Defendant A received 3.7 billion won from Victim AC for solicitation or good offices, and stayed abroad in order to escape criminal punishment.

In the judgment of the court of first instance that sentenced the collection on the basis of the full amount of KRW 3.7 billion after setting the seal, the judgment of the court below is erroneous and erroneous.

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