강도상해
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. (1) The evidence related to the defendant's consent to the evidence is admissible as long as the defendant withdraws his consent in the trial because it is based on the wrong judgment of the defendant.
(2) The defendant's mother, who was the victim immediately before the commencement of the commission of robbery as stated in the judgment of the court below, was aware of the defendant, and the continued abandonment of the crime, and the injury inflicted on the victim's mother and the child was caused by a sudden depression, but the court below accepted the facts charged and sentenced the defendant guilty. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
(3) The sentence imposed by the lower court on the grounds of unreasonable sentencing (seven years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor (seven years of imprisonment) by the court below is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion regarding the Defendant’s consent to evidence, the declaration of consent to evidence under Article 318 of the Criminal Procedure Act may be revoked or withdrawn before the examination of evidence is completed, but once the examination of evidence is completed, the admissibility already acquired before the revocation or withdrawal is not lost (see Supreme Court Decision 2004Do2611, Jun. 25, 2004; 2004Do2611, Jun. 25, 2004). In this case, there is no evidence to acknowledge that the Defendant or the defense counsel withdrawn his/her consent before the examination of evidence regarding the evidence that the Defendant or the defense counsel agreed to use as evidence was completed, and it is not effective to withdraw
Therefore, this part of the Defendant’s assertion is without merit on a different premise.
B. If the evidence duly examined and adopted by the court below as to the Defendant’s assertion of mistake of facts, the victim D is the police at I Hospital around November 22, 2012, the following day after the occurrence of the instant case.