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(영문) 대전고등법원 2013.05.22 2013노147
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant used any dangerous weapon in order to suppress the victim, or did not commit any act of violence to the extent that the victim’s body is injured, which can be naturally cured within two weeks from the diagnosis submitted by the victim, and the content of the victim’s hospitalized treatment is mainly physical therapy, etc., the lower court found the Defendant guilty of the injury resulting from robbery. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentencing (seven years of imprisonment) is too unreasonable.

2. Determination

A. The injury of the crime of robbery in a mistake of facts refers to a change of the victim’s physical health condition to a poor condition, and the occurrence of a disturbance to his/her living function. Thus, even if the injured party’s wife is extremely minor and the treatment is not provided, there is no need to treat the injured party, and even if the injured party’s wife is extremely minor, it does not interfere with his/her daily life. If the injured party’s physical health condition can be naturally cured following the lapse of the time, the injured

It is difficult to see that there is an obstacle to the function of life or that there is an injury in the crime of robbery.

(1) The lower court determined that the crime of injury by robbery was committed, by comprehensively taking account of the following circumstances acknowledged by evidence duly admitted and investigated by the lower court. In so doing, it did not err by misapprehending the physical condition of the victim, thereby adversely affecting the function of life, thereby adversely affecting the life of the victim.

(1) The defendant tried to open up the victim who is in a state of no-feasia and kneee the face of the victim by being towed, and the body of the victim who runs against knee in the process.

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