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(영문) 서울고등법원 2014.07.17 2014노852
강도치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (three years and six months of imprisonment) is too unreasonable.

2. In the trial of the competent authority, the prosecutor selected “Articles 335, 33, 257(1), 37(1), 37, and 38 of the Criminal Act” in the applicable provisions of the Act, and applied for the amendment of an indictment with the content of the facts charged as stated in the existing facts charged, which is the same as that of the facts charged under the previous facts charged, and since this court permitted it, the judgment of the court below cannot be maintained any more.

(3) As seen earlier, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

1. On December 22, 2010, the Defendant sought to catch the victim’s handbag on the way near the public parking lot, around 06:40 on the same day, while displaying the other party who is to steals money and goods in the middle-gu, Seocheon-si, Seocheon-si, Seocheon-si, the Defendant sought to catch the victim’s handbag on the same day.

Accordingly, the defendant, who is taking the handbag in his hand, carried the handbag in order not to take the handbag, carried the handbag, and carried the handbag in order to resist the recovery of property, carried the handbag, carried the handbag in so far as it is difficult for the victim to bag the right part of the part of the right part of the victim so far as it is difficult to do so by drinking, and then cut the handbag on the market value that includes a cash of 180,00 won, resident registration certificate, credit card, wall, bag, and sexual bag.

2. The Defendant, at the same time and place, does not take the above handbags to the victim and the bags that require treatment for about three weeks to the victim during the process of pushing the victim with a handbag by putting the handbag.

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