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(영문) 대구고등법원 2014.05.08 2013노609

강도상해등

Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

Criminal facts No. 2-A in case of mistake of facts or original adjudication of legal principles.

At the time of the crime of an injury by robbery, the victim’s face was 3 and four times, and only took a minor wound against the victim’s face, and thus, the victim’s physical condition was poor or did not interfere with his/her living function. For this reason, the victims did not engage in any act, such as treatment or issuance of a written diagnosis of injury, etc. by finding the hospital. Thus, such situation cannot be deemed as an injury to the extent that the crime of injury by robbery is established.

The sentence imposed by the lower court on the Defendants (Defendant A, B: Imprisonment with prison labor for each of three years and six months) is too unreasonable.

Judgment

In relation to the assertion of misunderstanding of facts or misapprehension of legal principles, injury in the crime of injury by robbery refers to a change of a victim’s physical health condition to a poor condition, and a disability in his/her living function is caused. If the injured party’s wife is extremely minor and the injured party does not receive treatment, no difficulty exists in daily life, and the injured party’s physical health condition was naturally changed due to the lapse of the time, and the injured party’s physical condition was naturally cured.

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.

(A) According to the records, the victims were provided with medical treatment or received a written diagnosis of injury for the purpose of being provided with medical treatment, as alleged by the Defendants, as well as the victims I were aware of the fact that they had been used at the home, and that only 2 and 3 days was lost due to the fact that they had known about the upper part of the body. (B) However, according to the evidence duly adopted and examined by the lower court, the victims could be seen by the evidence.