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(영문) 대전고등법원 2018.05.04 2018노61

강도치상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant’s misunderstanding the victim’s handbag by cutting down the victim’s hand bags over the floor, and the injury the victim suffered in the course of towing five meters at that point is extremely minor and thus can be naturally cured even without treatment. Thus, the crime of robbery under Article 337 of the Criminal Act does not constitute injury to the victim.

Nevertheless, the court below determined that the injury suffered by the victim constitutes the injury of robbery, which is erroneous in the misunderstanding of legal principles, thereby affecting the conclusion of the judgment.

B. The sentencing of the lower court’s unfair sentencing (3 years and six months of imprisonment) is too unreasonable.

2. Determination:

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, it is reasonable to view that the injury inflicted on the victim during the instant crime constituted injury in the crime of robbery, since the injury was extremely minor and not treated even if it was naturally and naturally, its physical health condition was changed and the function of life was interfered with, and thus, constitutes injury caused by robbery.

(1) When the accused intends to take the embankments of a victim, the aggrieved person resisted, such as catching a bank and raising sound, in order not to take the bank, etc., and the accused has taken the bank by exercising a considerable force to the extent that he/she intends not to take the bank, and the accused has taken the bank by force.

In this process, body fighting between the defendant and the victim seems to have existed, and the victim was sitting down on the roadside.

② Examining the photographs taken by the victim at the time of investigation by the investigative agency immediately after the occurrence of the instant crime, it can be confirmed that the instant crime led to blood transfusions at the end of the finger hand, and that there was considerable hole on the far left part of the arms.

In particular, September 18, 2017.

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