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(영문) 대구고등법원 2018.04.05 2017노578
강도상해
Text

1. The part of the lower judgment against Defendant C is reversed.

Defendant

C A person shall be punished by imprisonment for four years.

2. Defendant A’s appeal.

Reasons

1. Summary of grounds for appeal;

A. When Defendant A (hereinafter referred to as Defendant A) is named the Defendant of the pertinent item, his name shall be omitted, and only the name shall be given to Defendant, and the upper Defendant shall be given the name.

1) The Defendant’s commission of each robbery of this case by mistake of fact that the victim H and K suffered an injury

shall not be deemed to exist.

Nevertheless, the court below held that the above victims suffered injury due to each robbery of the defendant.

The recognition was recognized.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2) The five-year imprisonment sentenced by the lower court to the Defendant is too unreasonable.

B. Defendant C1) misunderstanding the facts and misapprehension of the legal principles, Defendant 1, along with A, concealed the victim K, and received 80,000 won from the victim’s wall wall from A, and did not assault the victim K as stated in the facts of the crime in paragraph (2) of the judgment of the court below, and there was no fact that A was involved in stealing of the victim’s wall wall.

In addition, the above victim suffered injury from the crime of this case

shall not be deemed to exist.

Nevertheless, the court below found that the defendant committed the robbery of this case in collusion with A, and caused the injury to the victim.

The recognition was recognized.

Therefore, the court below erred by misapprehending the facts and by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The 4-year imprisonment sentenced by the lower court to the Defendant is too unreasonable.

2. Determination

A. 1) As to Defendant A’s assertion of misunderstanding of facts, injury to the robbery of the relevant legal doctrine refers to injury to the completeness of the victim’s body or prejudice to physiological function.

In the event that there is a very minor situation accompanied by violence and there is no need for treatment, and there is no obstacle to natural healing and daily life, it can be said that the injury does not constitute an injury.

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