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(영문) 대전고등법원 2020.05.29 2019노429
특수강도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The charge of special robbery among the facts charged in the instant case is acquitted.

Reasons

1. Summary of grounds for appeal;

A. As to special robbery of mistake of facts, the Defendant did not have threatened the knives with the victim's knives, and the victim voluntarily withdraws 2 million won from the victim and only led the Defendant.

B. At the time of preventing the instant crime of intimidation, the Defendant was in a state of being detained.

C. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination of misconception of facts as to the special robbery

A. The gist of this part of the facts charged is as follows: (a) the Defendant was able to take hedging the Defendant’s excessive drinking and violent inclination from the victim B (n, 58 years of age) and from June 20, 2018 to the victim’s house located in Daejeon Dong-gu Daejeon Dong-gu C; and (b) requested the Defendant to take advantage of the Defendant’s excessive drinking and violent inclination from the victim who was unable to check; and (c) demanded the victim to pay KRW 2 million to the victim.

From December 15, 2018 to March 15, 2019, the Defendant demanded money from the victim who was living in the victim's house from around December 15, 2018 to living in China. On March 26, 2019, the Defendant sought money from the victim who returned to the victim's house at around 11:00, " 2,00,000 won is going to move to the house at the home," and the victim refused it, and then the victim was able to die with the victim's knife knife knife knife (23 cm in length, 7 cm in length in a knife knife knife knife knife knife knife knife knife knife knife knife knife knif."

The defendant, who is in a state of impossibility to resist, is willing to find money to the post office, shall immediately move to the outside of the house with the victim and to the front post office located in the Dong-gu Daejeon-gu, Daejeon.

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