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The defendant's appeal is dismissed.
Reasons
The fact that misunderstanding the substance of the grounds for appeal and misunderstanding of the legal principles (the fact that the injury was caused by robbery) by the Defendant threatened the victim by Draber. However, since the victim was trying to avoid it, there was no causal relation between the act of robbery and the occurrence of injury by the Defendant. Moreover, the injury suffered by the victim is merely a degree to naturally recover even if it was extremely minor and is not treated, and does not constitute injury in the crime of injury by robbery.
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
The punishment sentenced by the court below (the imprisonment of three years and six months, confiscation) is too unreasonable.
Judgment
In relation to the assertion of misunderstanding of facts and legal principles, injury in the crime of causing bodily injury by robbery is sufficient if it was caused by a criminal's act in an opportunity to commit robbery (see Supreme Court Decision 84Do2397, Jan. 15, 1985, etc.). In addition, the act of taking another's property by violence or intimidation and the act of taking another's property forcibly upon fear and causing the injury to the victim of the crime, which led to the occurrence of the crime. In this case, if the perpetrator could have predicted the occurrence of the result of the bodily injury, it may be divided into robbery (see Supreme Court Decision 96Do1142, Jul. 12, 1996, etc.). Based on the detailed judgment of the court below, it can be said that the instant crime was committed by the perpetrator, who received a report from the victim after the crime of larceny and immediately after the defendant was committed, and that the perpetrator will be saluted, saluted, dead.
".............. as drick with drick with a length of 34 cm, the victim is against the floor of the sidewalk which was placed on the floor of the horse, and the victim is faced with hrick with a hricker. The defendant is at night and it is difficult for the victim to secure a view.