A defendant shall be punished by imprisonment for not less than three years and six months.

A. In fact, misunderstanding of legal principles and the body of the victim who suffered from the robbery of this case does not interfere with daily life due to the crime and are minor enough to recover nature. Thus, the crime of robbery does not constitute injury.

Nevertheless, the lower court’s determination that the robbery was committed is unreasonable.

B. The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the degree of injury inflicted on the victim due to robbery by the Defendant, etc. cannot be deemed as having been extremely minor enough to recover nature within a short period of time without impeding daily life, and thereby, the victim’s physical health condition was changed to a poor condition, and the victim’s life function was hindered.

may be seen.

Therefore, this constitutes a crime of robbery, and the defendant is responsible for the crime of robbery.

① 피해자는 수사기관 및 이 법정에서 “ 북 경시 조양 구에 있는 사무실에서 지급의무 확인서를 작성한 이후 H이 주먹과 발로 복부, 갈비뼈, 종아리 등을 때렸고, 고통으로 바닥에 뒹굴자 피고인도 합세하여 발로 차고 밟았다.

From June 6, 2016 to 16:00, the Defendant and H had themselves in the above office, and he found a new card and cash card used in Korea at the accommodation in which he had implied, and H re-stiled into drinking and drinking, and she removed the bones in the process of spine operation, and she continued to do so, because she did not want to keep the parts.

In addition, when taking place at the time, the defendant also took place together with the defendant.

A person who has inflicted damage on the recording file of this case.