(영문) 서울고등법원 2015.12.04 2015노2839 | 리걸엔진

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(영문) 서울고등법원 2015.12.04 2015노2839

강도상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. For the purpose of evading arrest, the defendant of mistake of facts shall not open the door by asking the part of the above victim's head by putting the victim's head into the floor by her hand, and then putting the victim's head into the floor.

Nevertheless, the lower court erred by misapprehending the legal doctrine as guilty of this part of the facts charged by reliance on the statement of the said victim without credibility.

B. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disability.

C. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the lower court’s determination on this part is the victim E (hereinafter in this paragraph “victim”).

2) The lower court’s determination that the victim’s statement was reliable, specific, and unreasonable due to the lack of any part that is consistent and reasonable, and thus, found guilty of this part of the facts charged is justifiable. 2) In light of the circumstances acknowledged by the lower court in this court’s determination, the lower court’s determination that the victim’s statement was reliable, and the victim stated that the victim was deprived of the victim’s statement in the process of arresting the Defendant. However, this is not only a statement on the whole process of arrest, but also a statement on the progress of the arrest. Thus, the victim’s statement and the Defendant did not appear to be incompatible with the fact that the victim abused the victim for the purpose of evading arrest. Furthermore, the victim was present at the police station following the robbery injury crime, and “the victim to whom the Defendant was placed was born by the victim, who was laid down on the ground floor by cutting down the head, making the victim’s statement on his hand, and fell on the ground floor.

The victim's left side of the bridge and the right side and the left side are injured.

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