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(영문) 서울고등법원 2016.11.02 2016노2493
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

Summary of Grounds for Appeal

According to the misunderstanding of legal principles as to injury by robbery by a prosecutor, CCTV images, victim's statement, diagnosis report, etc. which recorded the scene of misunderstanding of facts, the defendant's face may be recognized as the fact that the victim has sustained the victim's face as the victim is discovered, and the victim's face has been invaded.

As such, after the Defendant started the commission of the larceny, the Defendant committed the assault against the victim for the purpose of evading arrest from the victim. As such, the requirements for quasi-Robbery were satisfied. As such, the Defendant inflicted an injury on the victim, thereby constituting an attempted robbery, injury by robbery or robbery.

The sentence of the lower court’s unfair sentencing (three years and six months of imprisonment) is too unjustifiable.

Defendant

On January 14, 2016, with regard to the larceny of thief on 14th 2016, the victim C only added the subway station to the subway station to the defendant, and there was no fact that the defendant stolen the victim's things.

With respect to theft on February 1, 2016, there is no fact that the defendant had a horse on the victim F, and there is no fact that the defendant stolens the above victim's things.

The sentence of unfair sentencing by the court below is too unreasonable.

Judgment

The Prosecutor’s assertion on injury by robbery and the Prosecutor’s Bill of Amendment to Bill of Amendment to Bill of Amendment to Bill of Indictment, which is the primary charge of the injury by robbery, which was found not guilty by the court below, were added to the conjunctive charges as follows, and the name of the conjunctive crime and the name of the conjunctive applicable provisions are added to Articles 342, 335, and 33 of the Criminal Act.

On February 18, 2016, at around 01:16, the Defendant discovered the victim I who was under the influence of alcohol on the roads of Eunpyeong-gu Seoul Metropolitan Government H and the front of the road, and the victim was aware of the market price on the back of the victim's back.

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