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(영문) 부산고등법원 2013.12.04 2013노344
강도치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Jacknaf, seized, No. 1 (No. 1)

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (three years and six months of imprisonment) too unreasonable.

2. An ex officio determination of the Defendant’s defense counsel asserts that the injured party’s wife suffered from the supplementary appellate brief dated July 31, 2013 does not constitute “injury” due to robbery. This is a subsequent filing of the appellate brief, which cannot serve as a legitimate reason for appeal, but should be determined ex officio.

On March 22, 2013, around 09:00 on the charges of this case, the Defendant: (a) sent Doknp on the street near the department store located in Busan-dong, Busan-dong; and (b) sent Doknpp on the street around 22:0 on the same day to the "Esckb" operated by the victim D (V, 52 years old); (c) discovered that the victim was mixed with the carbr; (d) reduced the victim's title to the carbr; and (e) Dokpf, which is a deadly weapon, (e.g., 6 cm in length, 14 cm in length, 14 cm in weight, 14 cm in weight; and (e) prevented the victim from resisting by threateninging the money; and (e) led the victim to the victim's escape by taking the money from the victim's hand over the hand, and (e) made the victim's loss by force."

Accordingly, the defendant strongly withdrawn the victim's property, and the defendant gets injured by the victim due to the attempted withdrawal.

B. The crime of injury in the crime of robbery 1 or bodily injury caused by robbery refers to the alteration of a victim’s physical condition to a bad condition and the occurrence of a disability in his/her living function. As such, there is no need for treatment due to extremely minor circumstances, and there is no difficulty in daily life even if the victim’s wife does not receive medical treatment, and the passage of the time is naturally following the passage of days.

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