A. The misapprehension of the legal principle and the injury suffered by the victim of mistake of facts are minor injuries that may occur even in the course of daily life, and even if they are not treated, they do not constitute an injury to the crime of robbery because they can be naturally cured.

B. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the misapprehension of legal principles and assertion of mistake of facts, the injury of robbery refers to the injury of a victim’s physical integrity or physiological function as a result of the injury. If a wound accompanied by an assault is extremely minor and there is no need for treatment, so long as it does not interfere with daily life, it shall not constitute the injury of the crime of injury. However, since it is premised on the same degree as the wound that may normally occur during daily life even if there is no assault, it shall be deemed that the injury is caused by the assault. The determination of whether the injury of the victim’s physical integrity or physiological function was inflicted should not be made objectively and uniformly, but should be made based on the physical and mental detailed conditions, such as the victim’s age, gender, physical and physical strength, etc. (see, e.g., Supreme Court Decision 2014Do1726, Apr. 10, 2014).

① 피해자는 사건 발생 직후 수사기관에서 '피고인이 갑자기 뒤에서 팔로 제 목을 감쌌고 제가 놀라 뒤돌아보았을 때 목에 따끔한 느낌이 들었다.

The defendant who returned to the family court was sealed.