강도상해등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.
B. In light of the mistake of facts, violation of Acts and subordinate statutes (as to the acquittal on the part of the judgment of the court below as to the injury by robbery), the Defendant’s act pattern, used deadly weapons, and the degree of injury committed at the time of the act, and thus, the crime of injury by robbery is established. However, the judgment of the court below which acquitted the Defendant of this part of the charges is erroneous in the misapprehension of facts and violation of Acts and subordinate statutes. 2) The sentence of the judgment of the court below of unfair sentencing is too uneasible and unreasonable.
2. A prosecutor’s additional prosecutor who is subject to the trial following the amendment of a bill of indictment in the court of this case shall keep the facts charged of the robbery and bodily injury which the court below acquitted as the primary facts charged, and the name of the offense is "special attempted and special injury" in the name of the offense, "Articles 352, 350-2, 350 (1), 258-2 (1), and 257 (1) of the Criminal Act" in the applicable provisions of this Act, and the following facts charged (referring to the facts stated in the part of the judgment which is used at once below; hereinafter the same shall apply) were requested to amend a bill of indictment to add the facts charged as stated in paragraph (2) of the same Article. This court
Nevertheless, the prosecutor's argument of mistake of facts and violation of law on the primary facts is still subject to the judgment of this court.
3. As to the prosecutor's misconception of facts and violation of law as to the injury by robbery, which is the primary charge
A. The summary of the injury resulting from robbery, which is the primary charge, was delivered KRW 10 million from the victim B (the age of 36) as indicated in the crime No. 1 below, but the victim did not offer any more money, with assault and threat, thereby receiving additional money.
Therefore, the defendant calls the victim.