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(영문) 대전고등법원 (청주) 2015.01.08 2014노194
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-finding or misunderstanding of legal principles, the Defendant is not guilty of robbery, on the other hand, suffering from the wind that the Defendant seriously pressures the Defendant’s neck and hair with both arms during the process of suppressing the Defendant, and the part of the Defendant’s arms was broken by breaking the part of the victim’s arms, and there was no purpose of evading arrest, etc. of the Defendant.

In addition, in the vicinity of G Hospital, the fingers who were sold by the defendant is faced with the face of the victim and the defendant does not assault the victim, and even if it is not domestic affairs, it is not a quasi-Robbery crime since it has already been completed.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. According to the evidence duly admitted and examined by the court below, the defendant was aware of the victim's thief's thief's thief's thief's thief's thief's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's stalf's st.

B. Examining the above facts in light of the relevant legal principles, the Defendant is evading arrest.

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