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The judgment of the first instance is reversed.
Defendant
A Imprisonment of four years and six months, Defendant B's imprisonment of three years and six months, Defendant D and C, respectively.
Reasons
1. Summary of grounds for appeal;
A. In the course of committing the robbery of this case, the injury suffered by the victim I during the course of mistake of facts and misapprehension of legal principles (defendant C, D) does not constitute injury to the crime of robbery.
B. The punishment sentenced by the first instance court (Defendant A: 6 years of imprisonment; 4 years of imprisonment; 3 years of imprisonment and 6 months of imprisonment, 3 years and 6 months of imprisonment) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. In the crime of robbery and injury, injury refers to a change of the victim’s physical health condition to a bad condition, and a disability is caused to his/her life function. If the injured party’s wife is extremely minor and thus the injured party does not need treatment, and it does not interfere with daily life even without receiving treatment, and if the injured party’s physical health condition is naturally cured following the lapse of the time, the injured party’s physical condition was changed.
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.
(See Supreme Court Decision 2003Do2313 Decided July 11, 2003, and Supreme Court Decision 2006Do8035 Decided February 22, 2007, etc.) B.
According to the evidence, the victim I complained of a certificate of diagnosis issued by the hospital that the victim I needs to receive approximately two weeks of medical treatment from the hospital following the crime of this case, but it is acknowledged that the following circumstances acknowledged by the record are as follows: ① there is no evidence to confirm the above victim's upper part and degree in the investigation process of this case, or no photograph is available; ② there is no specific and objective evidence to know the part and degree of the victim's injury; ② there is no evidence to prove the above part and degree of the victim's injury; ② there is no such a document, other than the above one, there is an obstacle to daily life due to the wife suffered by the victim.
(b).