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(영문) 서울고등법원 2018.05.11 2018노318
특수강도등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for seven years and for four years, respectively.

Defendants.

Reasons

1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the part on which the request for attachment order was filed while rendering a judgment of conviction on the part on the Defendant’s case.

Therefore, since only the defendants appealed, there is no interest in appeal on the part of the claim for attachment order.

Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court.

2. Summary of reasons for appeal;

A. The special robbery of Defendant A (misunderstanding of facts and misunderstanding of sentencing) is as follows: (a) although Defendant A had the intent to gather sexual traffic with Defendant B, Defendant A did not have the intent to gather a special robbery; (b) Defendant B did not have taken part in the crime of taking property of the victim; and (c) Defendant B did not have taken part in the crime of taking the victim’s property by taking the victim’s property by taking the victim’s property by force. Defendant B’

B) No. 2-A of the judgment of the court below, the defendant committed an act of similarity by assault or intimidation against the victim at the time stated in paragraph (1) of the judgment of the court below, or rape as stated in paragraph 2-B of the judgment of the court below.

2) The sentence of the lower court’s unfair sentencing (eight years of imprisonment) is too unreasonable.

B. Defendant B (unfair sentencing)’s sentence (five years of imprisonment) is too unreasonable.

2. Determination

A. As to Defendant A’s assertion of misunderstanding of facts, the robbery of relevant legal principles is established not only in cases where the victim’s intimidation from the beginning to the robbery with his intent of robbery, thereby leaving the victim under the suppression of resistance, but also in cases where the victim’s resistance was taken out through intimidation, such as assault, bodily injury, and rape, while committing a crime using intimidation as a method of crime (i.e., assault, assault, and rape).

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