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(영문) 대전고등법원 2013.04.03 2012노571
강도상해등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for six years, for three years and six months, for Defendant B, and for Defendant C.

Reasons

1. The sentencing of the lower court (7 years of imprisonment with prison labor for the Defendants A, 4 years of imprisonment with prison labor for the Defendants B, and 5 years of imprisonment for the Defendants C) on the summary of the grounds for appeal is too unreasonable.

2. Determination on the grounds for appeal

A. The crime of this case against Defendant A is established and planned as the crime of this case, such as wearing a uniform, mobilization to the hacks, hacks, hacks, and vehicles, and thus, its nature is extremely poor.

In addition, according to the records, Defendant A played an overall leading role in committing the crime, and Defendant A asserts that Defendant A was not himself/herself but Defendant B, and Defendant B stated that Defendant A had a dead atmosphere. However, Defendant B stated that Defendant A had a dead atmosphere.

However, according to the evidence duly admitted and examined by the court below, it is recognized that the defendant A promised to pay compensation to the defendant B in thecheon Prison, and requested the defendant A to make a false statement on the ground that two persons of the processed person are the principal offender, and in light of the various circumstances shown in the decision of the court below, the defendant A's statement is completely lacking credibility.

On the other hand, Defendant B has maintained the statement unfavorable to Defendant A despite Defendant A’s return to Russia when he knows that Defendant A was aware of her genetic resources of Russia, and that Defendant A was aware of her death.

In full view of these circumstances, the judgment of the court below that recognized the victim G as Defendant A a person who has shown a downcoming atmosphere is justified.

The method of crime has also been the most cruel, and it is not significant to the extent that Defendant B was trying to conceal the crime by demanding a false statement by return and intimidation.

In addition, the victim G suffers an injury that requires eight weeks' treatment according to the price of Defendant A, and the degree of the damage is also extremely high.

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