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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although it is obvious that the state of the victim's physical health has been changed due to a misunderstanding of facts, or a failure to function in his/her life has been caused, the lower court acquitted the victim of this part of the facts charged on the ground that the above wife does not constitute "injury" in the crime of robbery.
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (two years of imprisonment, three years of suspended execution, and 120 hours of community service order) is too uneasible and unreasonable.
2. Determination
A. On December 24, 2013, the Defendant: (a) around 02:15 on December 24, 2013, the summary of the facts charged was determined by the lower court: (b) on the following grounds: (c) around the right shoulder of the Diplomatic Association located in Busan Northern-gu; (d) the Defendant attempted to fish the Victim E (55 years old); (c) but (d) the Defendant resisted the Victim E; (d) the Defendant did not turn the Victim off; (e) the Defendant resisted the Victim; (e) the Defendant failed to break the Victim at his seat; (e) the Defendant 154,000 won in cash and the market price of KRW 2,100,000,000, which are owned by the Defendant; and (e) the Defendant could not be found guilty of the Defendant’s physical strength due to the robbery of the Victim’s injury by force on the face of 150,000 won; and (e) the Defendant did not have any other evidence constituting an injury by force on the part of the victim’s body.
3) In the crime of injury by robbery, “injury” is to change the victim’s physical health condition to a bad condition and cause a disability to his/her life function.