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(영문) 서울고등법원 2018.09.06 2018노1205

강도상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have a knife at the time of committing the instant crime.

Defendant at the time he was to do so in the Republic of Korea.

In other words, the victim threatened the victim by acting as a knife in his knife, and the victim gets knife, knife, knife, knife, and knife, knife, knife the victim's head.

In light of the fact that the victim did not receive special medical treatment after the crime of this case, the victim sustained injury.

shall not be deemed to exist.

In the court below which recognized the defendant's liability for the crime of robbery, the court below erred by misunderstanding facts and misunderstanding of legal principles.

B. The sentence sentenced by the court below to the defendant (7 years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts and misapprehension of the legal doctrine, the Defendant acknowledged the fact that the victim took the property by force.

The victim takes the knife of the defendant's knife in the prosecution and the police concerning its circumstances.

In the latter case, the Defendant stated that the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife and head knife knife knife knife

In addition, the contents of the victim's 112 report, the form of the A4 site, which is 4 minutes of the damage of the defendant, are supported by the victim's statement.

On the other hand, the victim suffered from the Defendant’s crime of this case such as “a fluoral base fluoral fluorial fluorial fluorial fluorial fluorial fluorials,” which requires three weeks’ medical treatment. It is reasonable to deem that the victim’s physical health condition was changed to a bad condition, and that

In the same purport, the court below held the defendant's property.