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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the period of three years from the date this judgment becomes final and conclusive.
Reasons
1. Although sufficient evidence was provided as to the robbery injury among the facts charged in the instant case, the lower court acquitted the charge of robbery injury by misunderstanding the facts, and thus, the lower court’s punishment (two years of imprisonment, three years of suspended execution, two years of observation of protection, and 120 hours of community service order) is too unfasible and unfair.
2. Determination
A. As to the assertion of mistake of facts, the prosecutor applied for the amendment of a bill of amendment to the effect that “the person in question” includes “the person in question” in the trial, and this court permitted the above application, thereby making it impossible to maintain the judgment of the court below even if the subject of the judgment was changed, but the changed facts charged are not yet included, and thereafter, the prosecutor’s assertion of mistake is based on the foregoing premise of
(1) In the crime of bodily harm and robbery in the part above, the injury means that the physical condition of the victim is changed to a bad condition and the function of life of the victim is hindered. If the injured party's body is extremely minor and the injured party's body does not need treatment, and it does not interfere with daily life even without treatment, and if the injured party's body is naturally cured due to the passage of a day, it cannot be deemed that the injured party's physical condition is changed to the injured party's body condition or it is difficult to view that the injured party's life function is impeded (see Supreme Court Decision 2003Do2313, Jul. 11, 2003). The following circumstances acknowledged by relevant evidence, and immediately after this case's examination and treatment, the victim's body part above is red, but there is no special credit, and the victim's opinion at the time of this case's medical examination and treatment is prepared after the date of this case's medical examination and treatment.