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

Seized evidence Nos. 1 through 5, 10, 11, 12 and 15 shall be confiscated.

A. misunderstanding of facts or misunderstanding of legal principles

Of the facts charged in the instant case, the injury by robbery was committed prior to the completion of robbery, and thus there was no other obstacle to finding the Defendant guilty, the lower court acquitted the Defendant of the injury by mistake of facts or by misapprehending the legal doctrine.

B. Unreasonable sentencing

The sentence of the court below is too unhued and unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles

(1) Summary of the facts charged

On January 28, 2014, at around 05:41, the Defendant: (a) threatened the victim Kim○○○ (yearly 62) with passengers on the back seat of △△△△ apartment road, and has induced the victim to the frontway of the middle-wing wing line at the lower end of 06:40 on the same day; (b) had knicked the victim with his left hand; (c) had knicks (10.5cm in length, 24.5cm in total) with deadly weapons prepared in advance; (d) had 6 knife and leg * 5 knife * 6 knife * 4 knife knife * 6 knife knife * knife knife * 5 knife knife knife * 6 knife knife *. The Defendant continued* 6 k-k knif.

After that day, the Defendant driven the above taxi and went ahead of the 60 (Sacheon-si, Seocheon-si, Seocheon-si, Sacheon-do). At this point, the Defendant: (a) Hadk-si, the victim was unfrighted, frighted, knicked, knicked, and knicked the victim’s shoulder; (b) knicked, the victim knicked the knife of the above knife that knife with the Defendant’s hand, knifed the victim’s left hand by knifing the knife onto the knife; and (c) knifed the knife of the above knife with the above knife of the victim’s hand, knifed the knif by driving the kn

As a result, the Defendant took the cash equivalent to KRW 15 million in total, KRW 190,00,000 in total, and KRW 190,00 in credit card, and suffered injury to the victim, such as cage cages at least 4 weeks in the process.

(2) The judgment of the court below

Around 06:54 on January 28, 2004, the Defendant had been engaged in robbery at the time when the Defendant took a credit card and cash owned by the victim and completely acquired physical control over the credit card and cash owned by the said taxi and the victim (the part bringing 1.60,000 won in cash owned by the victim in the taxi merely takes place in the taxi and does not constitute a separate taking act of force since it merely takes place on the part of the taxi in which he had been forcibly taken place). After that, the Defendant’s confinement of the victim in the above taxi in the above taxi can prevent the Defendant from filing a report to the investigating agency prior to the robbery of the ○○ Saemaul Bank by using the taxi seized by the Defendant, and is not a means of robbery, and thus is a crime separate from the above robbery against the victim. Moreover, the Defendant cannot be viewed as having been acquitted of the victim or the crime of robbery under the latter part of the Criminal Procedure Act, which is separate from the crime of robbery, and thus, it is difficult to deem the Defendant guilty of the victim or the crime of robbery.

(3) Judgment of the court below

(A) Relevant legal principles

The injury by robbery is established by preventing robbery from committing an act of injury to an opportunity for robbery. Thus, it is required that there exists an act of injury in the stage that can be seen as having not been completed by social norms after the robbery is being committed or immediately after the commission of robbery or immediately after the abandonment of the commission of the crime (see, e.g., Supreme Court Decision 96Do1108, Jul. 12, 1996).

Therefore, even though the constituent elements of robbery have been formally realized and has reached the force of robbery, it is still accompanied by the property taken by the victim by force, and the use of force has led to the use of force, i.e., assault by means of suppressing the intent of the victim. If the victim's exclusive control over the property taken by force is maintained, the actual termination of the crime, i.e., the control over the ownership of the similar owner of the property taken by force (similar) cannot be deemed to have reached the stage of accomplishing the intention of acquisition by externally objecting the right of the owner of the property taken by externally. Therefore, in such a situation, the act of resisting against or attempting to flee should be punished by the crime of robbery, not by the crime of robbery and the crime of injury, but by the crime of robbery.

(B) As to whether the crime of injury by robbery is established

According to the evidence duly adopted and examined by the court below, the defendant: (1) the day of the crime in this case committed the crime in this case, threatened the victim with knife, cut the knife and drive the knife in the above knife, and (2) the defendant escaped from the knife of the knife of the knife on 09:43 the same day; (3) the defendant escaped from the knife of the knife; (4) the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife; and (4) the knife of the knife of the knife of the knife with the knife of the knife; and (5) the knife of the knife.

In light of such circumstances in light of the legal principles as seen earlier, although the robbery of the Defendant was committed, the victim, who is a legitimate owner, was deprived of his/her physical force, and was deprived of his/her intent and her movement to a taxi, which is a stolen object, and did not end the robbery crime against the taxi. Thus, insofar as the victim who attempted to escape from the aforementioned state was injured, it cannot be deemed that the victim was injured by “the opportunity for robbery”.

Nevertheless, the lower court rendered a judgment not guilty of this part of the facts charged, on the grounds that the victim suffered injury as stated in the facts charged, including the act of confinement, which is separate from the above robbery, constitutes a case where there is no proof of crime. In so doing, the lower court erred by misapprehending the legal doctrine on the basis of misconception of facts or the classification between the period of the crime and the termination, thereby adversely affecting the conclusion of the judgment. Therefore, the Prosecutor

3. Conclusion

After the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, it is again decided as follows after pleading.

1. Violation of the Act on the Punishment of Robbery, Injury, Violence, etc. (collective confinement with a deadly weapon, etc.), and robbery reserve;

(a) On January 28, 2014, the defendant: around 05:41, Gangnam-si, △△△△△△△△ apartment road, she boardedd the victim's her passengers on the back seat of YF) and enticed him/her to the front side of the middle-wing wing line at around 06:40 on the same day; she was able to keep the victim's knife (10.5cm in length, 24.5cm in total) with a deadly weapon prepared in advance; she was able to 1 to 4 knife his/her knife (10.5m in length, 24.5m in total) and 5 knife his/her knife with 6 knife (62 years old) and 1 to 4 knife with the victim** 5 knife her knife *-1 to knife and 6 her own *.

After that day, the Defendant driven the above taxi and went ahead of the 60 (Sacheon-si, Seocheon-si, Seocheon-si, Sacheon-do). At this point, the Defendant: (a) Hadk-si, the victim was unfrighted, frighted, knicked, knicked, and knicked the victim’s shoulder; (b) knicked, the victim knicked the knife of the above knife that knife with the Defendant’s hand, knifed the victim’s left hand by knifing the knife onto the knife; and (c) knifed the knife of the above knife with the above knife of the victim’s hand, knifed the knif by driving the kn

As a result, the Defendant took a 15 million won of the market price of the victim-owned taxi and approximately KRW 190,000,000 in total, and KRW 190,000 of credit cards. During that process, the Defendant inflicted an injury on the victim, such as cage cage cages that require approximately 4 weeks of treatment, and carried dangerous goods, and detained the victim for about 3 hours from around 06:43 to 09:43 of the same day.

B. As above, the Defendant saw the above taxi with a knife knife cap, field, and monet, knife the knife tape, plastic tape, and white straw, and prepared tools for committing a crime for banking robbery by forceing the above taxi. On January 28, 2014, around 08:02, the Defendant set up the above taxi on the front of the ○ community credit cooperative located in Gangnam-si ( Address 1 omitted) and 08:11 on the same day, and moved the above taxi to another place. However, the Defendant saw the knife with the above knife and knife without the sentence of the knife and knife and knife the knife with another place. Accordingly, the Defendant reserved robbery.

Article 337 of the Criminal Act, Articles 3 (1) and 2 (1) 2 of the Punishment of Violences, etc. Act, Article 276 (1) of the Criminal Act, Article 343 (Preparation and Confinement of Deadly Weapons), Article 329 (Robbery) of the Criminal Act, Article 70 (1) 4 of the Specialized Credit Finance Business Act, Articles 342 and 329 (Attempted Larceny) of the Criminal Act.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act [The crimes of Robbery and the Punishment of Violences, etc. (collectively, Deadly, etc.) in Violation of the Act on the Punishment of Robbery, etc., and Punishment of Bodily Inflicting Robbery]

1. Selection of punishment;

In regard to the crime of robbery, choice of imprisonment with prison labor for limited term, larceny, violation of the Specialized Credit Finance Business Act, and attempted larceny

1. Aggravation of concurrent crimes;

Article 37 (Aggravation of Concurrent Punishment as to Crimes of Robbery and Injury with the Gross Mutandis Punishment)

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (Consideration to the agreement with the victim, etc.)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judges Han-chul (Presiding Judge) (Presiding Justice)