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(영문) 부산고등법원 2014.09.04 2014노286

강도상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (as to injury by robbery), the Defendant took the victim’s property by force. However, in the process, there is no fact that 3-4 times the victim’s face face is taken as shown in this part of the facts charged, and even if not, the injury suffered by the victim does not constitute an injury by robbery because it is extremely minor. Nevertheless, the lower court’s judgment that recognized this part of the facts charged as the crime of robbery was erroneous in matters of misunderstanding of facts or misunderstanding of legal principles as to the injury in the crime of robbery. 2) In light of various sentencing conditions in the instant case of unfair sentencing, the lower court’s punishment (three years and six months of imprisonment) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, the lower court’s above sentence is too uneasible and unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below such as the victim's statement at the prosecutor's office and the statement of the victim's injury in the medical certificate, etc., the defendant's assertion of mistake of facts or misapprehension of legal principles in the judgment of the court below as to the defendant's assertion of injury by robbery, and the defendant has led the victim to 3-4 times the victim's face, as stated in this part of the facts charged, by compulsorily inserting the victim's face into the back seat as stated in this part of the facts charged, and thereby the victim caused about 2 weeks of medical treatment, it can be sufficiently recognized that the fact that the victim suffered the victim's face in the left left-hand, the left-hand, and the fact that the victim suffered the bodily injury by robbery is damaged by robbery, and it cannot be deemed that the above injury caused by robbery is extremely minor.

Therefore, the defendant's ground of appeal on this part is without merit.

B. Examining various sentencing conditions in the instant case regarding the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant operates a car at the night.