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(영문) 서울고등법원 2013.03.22 2012노4488
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant did not have any supposed the back head, etc. of the victim, but did not have any predictability as to whether the victim would suffer injury.

B. The sentence imposed by the court below on the defendant (three years and six months of imprisonment) is unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, such as the testimony of the witness D of the court below on the ground of misconception of facts, the defendant was able to recognize the circumstance that the victim was able to have been able to sufficiently anticipate the balance when the victim was able to wear the clothes on the chest of the defendant, and the victim was able to be able to be able to be able to take up the body of the victim, while the victim was able to be able to take up the clothes on the rear part of the victim, and the face was flicked on the cement floor while the victim was flicked, and the face was flicked on the cement floor. At the time, the victim was flicked, and the victim was flicked, and was flick on the defendant's clothes.

Therefore, the judgment of the court below is just and acceptable, and the defendant's above assertion is not acceptable.

B. As to the assertion on unfair sentencing, the Defendant did not focus on the degree of tangible power exercised against the victim and exercised the right to arrest immediately after theft; the Defendant committed the instant crime while living in an economically poor life while maintaining his livelihood through collecting and taking on duty after release; the Defendant paid KRW 200,000 to the victim on the day of the commission of the crime; and the victim did not want the Defendant’s punishment.

On the other hand, in addition to the instant crime, the Defendant also commits larceny, fraud, and habitual fraud.

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