강도상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The injury suffered by a victim of mistake of facts or misapprehension of legal principles during the crime of this case cannot be deemed as an injury in the crime of robbery.
B. The Defendant, at the time of the instant crime, was in a state with weak ability to distinguish the ability or make decisions, while he was unable to sleep due to the concern about the project and extreme influoring with extreme influor.
C. The sentence of unfair sentencing (three years and six months of imprisonment) by the lower court is too unreasonable.
2. Determination
A. According to the evidence No. 1 of the judgment on the claim of mental retardation, the defendant can be found to have purchased the 1-beoper's disease at the convenience store immediately before the crime of this case.
① However, in light of the fact that the Defendant was under several investigations by the police and the prosecution that he did not make a statement that she would drink at the time of the crime, it is doubtful whether she committed the crime under the influence of drinking, even if she was under the influence of drinking at the time of the crime, the amount of drinking does not exceed 1 disease per week. ② there is no objective material to prove that the Defendant was suffering from her extreme dysium at the time of the crime in this case; ③ the Defendant committed the crime by opening a walm between the Defendant and the Defendant’s walking and making a judgment at the end of the crime, she did not seem to be seen as the Defendant’s running mode at the time of the crime in this case, or that she was under the influence of driving his own vehicle that was parked near the place of the crime, and the Defendant did not have the ability to make a decision by suffering from her extreme dysium or to make a decision by distinguishing things due to extreme hysium at the time of the crime.
Therefore, the defendant's above assertion is not accepted.
(b) mistake of facts;