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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for seven years, and for three years and six months, respectively.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to Defendant A (eight years of imprisonment) is too unreasonable.
B. Defendant B (1) 1) misunderstanding of the legal principle as to the injury resulting from robbery is likely to naturally recover as a result of the passage of a trial without causing interference with daily life, and thus, it does not constitute “injury” in the crime of injury resulting from robbery. [Defendants asserted the misapprehension of the legal principle to the effect that the crime of injury resulting from robbery against the victim M is only a larceny, and it does not constitute robbery, through the summary of the pleading in March 24, 2015.
However, the above assertion by the Defendants is filed after the deadline for submitting the grounds for appeal has not been legitimate grounds for appeal.
In addition, according to the evidence duly adopted and examined by the court below, Defendant B attempted to catch a room where the victim M was shouldered, and the above victim was able to set up the room so long as she did not put the room on his hand, and she was towed by the above victim, leading the room as it is. The above victim was able to lead the bank because she was towed by leaving the bank, and Defendant B could be recognized the fact that he got out of the vehicle driven by the defendant A immediately after taking the above victim's bank back. Thus, the above defendants' crime is not a theft but a robbery.
If the act of theft of property using force such as so-called "flag" causes damage to the victim or the victim's injury. If such result leads to a flag in the course of taking possession without the victim's resistance suppression, this is not only a robbery but also a theft. However, if the exercise of force is to the extent that it is objectively suppression or resistance of the other party's resistance in light of social norms.