logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.03.18 2015노3583
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the injured party’s wife suffered from the robbery of this case due to the crime of robbery of this case cannot be deemed as an injury to the crime of robbery, because it is merely a way to naturally recover without causing any impediment to daily life.

B. At the time of committing the instant robbery, the Defendant, under the influence of alcohol, has weak the ability to discern things or make decisions.

(c)

The punishment sentenced by the court below to the defendant (three years and six months of imprisonment) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined at the court below's determination on the assertion of mistake of facts, ① the victim was diagnosed that the victim was in need of medical treatment for about two weeks due to brain-proof as the date of committing the robbery of this case and the result of medical treatment at L Hospital following the day of the commission of the robbery of this case; ② the victim was in use by prescribing the drug from the above hospital; ③ the victim was unable to provide proper meals to the extent that the head was sheshesheshesheshe was sheshesheshel and was unable to face; ④ the victim was unable to have school on the day of the crime; ④ the victim was unable to have school on the day of the crime; and considering these circumstances, the victim's injury caused by the Defendant's assault cannot be deemed as a minor "the extent that it does not interfere with natural therapy and daily life even if it was not treated." Thus, the crime of robbery injury constitutes a robbery injury.

Therefore, the defendant's assertion of facts is without merit.

B. As to the assertion of mental and physical weakness, even though the Defendant was aware of drinking alcohol at the time of committing the robbery of this case, in light of various circumstances, such as the background leading up to the Defendant’s crime, the means and method of the crime, the Defendant’s behavior before and after the crime, and the fact that the Defendant is relatively concretely memoryed, etc., the Defendant’s drinking at the time.

arrow