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(영문) 광주고등법원 2020.09.17 2020노4
강도상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The lower court’s sentencing is too unreasonable.

B. A prosecutor 1) misunderstanding of facts and misunderstanding of legal principles are reasonable to apply the rate of injury by robbery as a crime of injury by robbery since the injury by a defendant was caused by the defendant’s assault in an opportunity to robbery. However, the lower court erred by misapprehending facts or misapprehending relevant legal principles, thereby rendering this part of the facts charged not guilty. 2) The lower court’s sentencing of unreasonable sentencing is so unfair that the sentencing

2. As to the prosecutor's assertion of mistake and misapprehension of legal principles

A. On October 2019, the Defendant reported the writing posted by the Victim B (23 years of age) on the “C” on the website, and had the victim contact with the victim, and directly purchased the gold sheet at KRW 11 million.

On October 24, 2019, the Defendant delivered KRW 450,000 to the “E” front of the Seo-gu Seoul Special Metropolitan City “E” on the front of the “E” road located in Seo-gu, Seo-gu, Gwangju, and then escaped from the victim as they were.

The Defendant, who had been parked in the frame of approximately 100 meters away from that place, got on the driver’s seat and was in operation, but the victim was driving a vehicle in approximately 50 meters away from that place for the purpose of evading the arrest of defects, with the intention of putting the body in the driver’s seat and cutting the knife into the driver’s seat and cutting the knife into the driver’s seat.

As a result, the Defendant abused the victim for the purpose of evading arrest while taking away the victim's property, and committed violence to the victim for the purpose of evading arrest, thereby causing approximately two weeks of treatment to the left side of the third balance.

B. The lower court determined as follows: (a) according to the evidence adopted by the lower court, the Defendant assaulted the victim by driving the Defendant, as stated in the above facts charged, on a vehicle, who was likely to flee; and (b) the victim was the third balance on the left-hand side in the process.

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