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(영문) 서울고등법원 2016.01.22 2015노2418

강도상해

Text

The judgment of the court below is reversed.

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

One (Evidence No. 1), d. B. L., seized net value.

Reasons

1. Summary of grounds for appeal;

A. Legal principles cannot be deemed to constitute injury to a victim G due to the Defendant’s assaulting of the victim G or robbery.

Nevertheless, the lower court erred by misapprehending the legal doctrine on injury to robbery, which found the Defendant guilty of the facts charged of this case.

B. The sentence of the lower court’s improper sentencing (one year of imprisonment and confiscation) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. On February 6, 2015, at around 01:10 on February 6, 2015, the Defendant attempted to remove the victim G (F) who is an employee of the security company called "F" company (F) who was dispatched with signal signal to enter and leave Seoul Guro-gu Seoul Guro Building 204, from the office “E” office, and had prepared a tamper in advance before the victim's office, and used tamper (28.5 cm in length) and tamper (24.5 cm in length) on the same day while the office entrance was attached to the office entrance. However, when the Defendant attempted to repair the victim's tamp and face at the time of the victim's tamper and tamper (29 cm in length), the Defendant attempted to use the victim's tamper and tamper, thereby causing the victim's injury to the victim.

In order to escape arrest, the victim G was injured for the purpose of evading arrest.

B. Determination 1) In the crime of injury by robbery of relevant legal principles, injury refers to the alteration of a victim’s physical condition to a bad condition and the occurrence of a disability to his/her life function. If the injured party’s wife is extremely minor and so there is no need for treatment, and even if the injured party’s wife does not receive treatment, it does not interfere with his/her daily life, and the injured party’s body can be naturally cured upon the passage of the time.