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(영문) 부산고등법원 (창원) 2013.04.19 2012노294
특수강도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant was guilty on the basis of the victim F and C’s statement that was not reliable even if he did not restrain the instant crime.

B. The defendant's act of misapprehension of the legal principle does not constitute intimidation to the extent that the victim cannot resist in the crime of robbery.

C. The punishment sentenced by the first instance court of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, there is a victim F's legal statement, each prosecutor's office and police's protocol against victim F, part of prosecutor's protocol of statement C, and prosecutor's interrogation protocol against C. Ultimately, the issue of this case is whether the credibility of each of the above statements can be acknowledged or not. The main contents of each of the above evidence are as follows: (i) the statement in the summary of evidence in the judgment of the court of first instance is as follows: (ii) the statement in the summary of evidence in the judgment of the court of first instance (i) the “C's legal statement” refers to C's legal statement in the court of first instance; (iii) the degree of formation of appellate evidence to be found guilty in the criminal trial related to the legal principles, but it is not required to exclude all possible doubts; and (ii) it is not permissible to dismiss it by recklessly causing any doubts without reasonable grounds to acknowledge probative value, which goes beyond the bounds of the principle of free evaluation of evidence (see, e.g., Supreme Court Decision 200Do13081, Sept. 24, 2019, etc.).

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