강도상해
[Defendant A] The part of the lower judgment against Defendant A is reversed.
Defendant
A shall be punished by imprisonment for two years.
(b).
1. The court below found Defendant A guilty of taking cash of KRW 270,00 among the facts charged of robbery with Defendant A, and found Defendant A not guilty of the part taking the cash of KRW 270,000 in excess of the above KRW 270,000 and the part causing bodily injury to the victim.
As to this, Defendant A appealed against the guilty portion, while the prosecutor appealed against the entire judgment of the court below by Defendant A, and did not assert any reason for appeal on the part of taking cash exceeding KRW 270,000,00 among the acquitted portion of the reason (it is reasonable to respond to the judgment of the court below as to the corresponding portion according to the prosecutor’s written reason for appeal).
(A) In such a case, according to the indivisible principle of appeal, the entire part of the acquittal in the appellate court is transferred to the appellate court along with the guilty part. However, the part of the acquittal in the reasoning, which forcibly taken the cash exceeding KRW 270,000,00,00, out of the acquitted part, has already been excluded from the object of the attack and defense between the parties, and thus, this part cannot be re-determined.
Therefore, with respect to the part of Defendant A’s non-guilty part of the grounds for appeal, which forcibly takes cash exceeding KRW 270,000,000, the conclusion of the lower judgment is followed, and this Court does not decide separately.
2. Summary of reasons for appeal;
A. The sentence of Defendant A (unfair sentencing) sentenced by the lower court (two years of imprisonment) is too unreasonable.
Defendant
A explicitly withdraws the assertion of mistake of facts during the grounds of appeal on the first trial date.
B. Prosecutor 1) With respect to the part that inflicted an injury on the victim among the facts of Defendant A (misunderstanding of facts and improper sentencing) and the part that inflicted an injury on the victim among the robbery injury on Defendant A (not guilty part of the grounds), according to the victim’s statement and the corresponding part of the injury, the victim’s statement and the corresponding part of the diagnosis document, etc. are examined.