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(영문) 수원고등법원 2020.01.22 2019노575
강도상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The knee-gnee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-

Nevertheless, the judgment of the court below which recognized the crime of robbery injury against the defendant is erroneous in the misapprehension of legal principles.

The lower court’s sentence of unfair sentencing (two years of imprisonment, confiscation) is too unreasonable.

The injury of the robbery or injury by robbery on the assertion of misunderstanding of facts or misapprehension of legal principles means that the injury causes damage to the completeness or physiological function of the victim.

In a case where there is extremely minor circumstance accompanied by a assault and thus there is no need for treatment, and there is no obstacle in natural therapy and daily life, the crime of injury cannot be deemed as being injured. However, even if there is no assault, this is premised on the same degree of injury as the wound ordinarily likely to occur during the daily life. Therefore, if there is no assault, the above degree of injury should be deemed as being injured.

The determination of whether the physical integrity or physiological function of a victim is damaged shall not be objectively and uniformly determined, but shall be based on the physical, mental and physical specific conditions, such as age, gender, and physical strength, etc. of the victim.

(see, e.g., Supreme Court Decision 2018Do4958, Sept. 13, 2018). The lower court determined that the knee knee knee knee knee knee knee knee kne, which

① According to the medical certificate of diagnosis against the victim, the victim suffered knenee knee knee knee knee knee knee knee, and in light of the condition and degree of the injury, this constitutes the injury of

② The victim is knee kneeing on the floor by leading the defendant to commit the instant crime.

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