강도상해등
The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for three years.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles (the fact of injury by robbery in the market) that the defendant inflicted on the victim D does not constitute an injury in the crime of robbery.
B. (Abdomination of robbery) The Defendant was drunk at the time of committing the crime of robbery and injury, and was in a state of mental disorder.
C. The sentence imposed by the first instance court of unfair sentencing (three years and six months of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, injury in the crime of robbery refers to the alteration of a victim’s physical health condition to a poor condition, and the occurrence of a disability in his/her living function. If the injured party’s wife is extremely minor and so there is no need for treatment, and even if the injured party’s wife does not receive treatment, it does not interfere with daily life, and if the injured party’s physical health condition can be naturally cured following the lapse of the day, the injured party’s physical health
It is difficult to see that there is an obstacle to the function of life or that there is an injury in the crime of robbery.
(See the evidence duly adopted by the first instance court (see, e.g., Supreme Court Decision 2004Do4437, Oct. 28, 2004). According to the evidence duly adopted and examined by the first instance court, ① the Defendant’s attempt to cut off the part of the victim D at the time of the crime of robbery in the instant case: (a) the victim resisted the victim at the time of the crime of robbery in the instant case; (b) the victim was pushed back to the pushed stairs; and (c) the victim’s name, e.g., leading the victim to the back, leading the victim; and (d) the Defendant’s injury occurred extensively above the buck, etc.; and (e) the Defendant bucked the victim’s arms, bucks, and bucks by drinking; and (e) the victim was still sold at the time of the prosecution’s investigation by the victim; and (e) the victim was still sold in the course of the crime.