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Main Issues
A thief who kills another for the purpose of evading arrest;
Summary of Judgment
Robbery, which is the subject of robbery (Article 338 of the Criminal Act), includes robbery (Article 335 of the Criminal Act). Therefore, robbery is established when a thief kills another person for the purpose of evading arrest.
[Reference Provisions]
Article 338 of the Criminal Act
Reference Cases
Supreme Court Decision 83Do1210 Delivered on June 28, 1983
Escopics
Defendant
upper and high-ranking persons
Defendant
Defense Counsel
Attorney Lee Yong-sik
Judgment of the lower court
Seoul High Court Decision 87No1222 delivered on June 24, 1987
Text
The appeal is dismissed.
Reasons
The grounds of appeal by the defendant and the public defender are also examined.
According to the evidence adopted by the court of first instance maintained by the court below, the facts of the crime No. 2.c. in the judgment of the defendant can be sufficiently recognized, and since the defendant did not appear to have had the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case, it cannot be said that the judgment below erred by the rules of evidence against the rules of evidence, such as the theory
In addition, robbery (Article 338 of the Criminal Act) includes robbery as a principal agent of robbery (Article 335 of the Criminal Act). Since robbery includes robbery as a principal agent of robbery (Article 335 of the Criminal Act), if a thief lives a person for the purpose of evading arrest, the crime of robbery shall be established. Therefore, the court below's action that the defendant's act is reasonable and there is no violation of law as to the application of the law.
In addition, according to the records, the first instance court's sentence against the defendant is acceptable, since it is not recognized that it is improper due to the defendant's age, character and conduct, intelligence, environment, relationship with the victim, motive, means, consequence, and circumstances after the crime, etc., and there are no errors of law such as the theory of lawsuit in the court below's action which maintained it. All arguments are groundless.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Choi Jae-ho (Presiding Justice)