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(영문) 대전고등법원 2015.04.24 2014노599
강도상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal may be sufficiently recognized that the victim has been injured by robbery committed in the judgment of the defendant;

2. Determination

A. As to the facts charged of the instant case, the lower court determined that it was insufficient to recognize that the injury of the victim was caused only by the evidence submitted by the prosecutor, based on the legal principles and grounds set forth in its reasoning, constitutes an injury to the crime of robbery.

B. The records, such as evidence adopted and examined by the court below, revealed that at the time of the crime of robbery in the judgment of the defendant, at the time of the crime of robbery in the judgment of the defendant, the defendant was faced with the wire network, etc. in which the victim was pushed by two descendants and the victim was pushed off, and the victim was pushed off, and the victim was pushed off. The victim was present in the court of the court below at the time of the crime of robbery in the above body of the defendant and stated that the chest was slick on the chest, etc., and the chest was put to the hospital, but the need to submit the certificate of diagnosis of injury was not considered.

In addition, there is a photograph showing side of the body, such as a shoulder that the victim did not appeal the pain, but rather there is no photograph that can confirm the trace of the body, such as a string, with respect to the upper part of the chest that complained of relatively strong pain, and the doctor who diagnosed the victim at the expiration of five days from the date of the robbery crime in the judgment also can recover nature even if he did not receive medical treatment for the upper part of the chest.

In light of these circumstances, even if the prosecutor considers the circumstances revealed in the grounds of appeal, the strength of the judgment of the defendant is examined.

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