가. 사실오인 및 법리오해 피해자 F의 상처 사진에 의하여 피해자의 눈 주위가 벌겋게 붓고 긁히는 등의 안면부 좌상 및 찰과상을 입었음을 확인할 수 있고, 피해자를 진료한 의사가 위와 같은 상처에 대해 약물처방과 냉찜질처방을 하였으며, 나아가 그 상처에 대해 1주일간의 치료가 필요하다는 의견을 밝힌 점 등을 종합하여 보면, 피해자의 위와 같은 상처는 신체의 건강상태가 불량하게 변경되고 생활기능에 장애를 초래하는 것으로서 강도상해죄에 있어서의 상해에 해당한다.

Nevertheless, the lower court determined that the crime of injury by robbery was not the crime of injury by robbery, even if the above victim’s wife did not receive treatment, since it did not interfere with daily life, nor can it naturally be cured due to the lapse of time.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to injury in the crime of injury by robbery or injury by mistake of facts as to the wife of this case.

B. In light of the content of the instant crime of unfair sentencing, the Defendant’s same criminal records, etc., the lower court’s imprisonment (two years and six months of imprisonment) is too uneased and unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, injury in the crime of robbery refers to a change of a victim’s physical health condition to a poor condition, and a disability in his/her living function is caused. If the injured party’s bodily condition is extremely minor and so there is no need for treatment, and even if the injured party’s bodily condition does not undergo treatment, it does not interfere with daily life and the injured party’s natural treatment can be naturally cured following the lapse of the time, the injured party’s physical health condition was changed.

It is difficult to see that there is an obstacle to the function of life or life, and thus it is an injury to the robbery crime.