All appeals filed by the prosecutor against the Defendants are dismissed.

Summary of Grounds for Appeal

The court below erred by misapprehending the legal principles as to the scope of the establishment of injury, and by misunderstanding the fact by recklessly rejecting the medical certificate and the statements of the victim H, thereby not guilty of the injury resulting from robbery.

Judgment

In the relevant legal doctrine, injury in the crime of robbery or injury refers to a change of the victim’s physical health condition to a poor condition, and the occurrence of a disability in his/her life function. If the injured party’s wife is extremely minor and the injured party does not need treatment, and there is no difficulty in daily life even if the injured party’s wife does not receive treatment, and the injured party’s physical health condition was naturally modified as a result of the lapse of the time, if the injured party’s body health condition

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) In light of the aforementioned circumstances, the court below’s determination on July 11, 2003 (see, e.g., Supreme Court Decision 2003Do2313, Jul. 11, 2003). In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the court below found the victim H to have a little degree of pain on the part corresponding to the Defendants. However, even if it did not receive any specific treatment, the court below determined that the victim H was easy to recover nature or was in a minor degree that does not interfere with daily life, and the evidence submitted by the prosecutor alone changed the above victim’s health condition due to the circumstances suffered by the said victim.

It is difficult to see that the function of life has been hindered and there is no other evidence to recognize it.

After the occurrence of the instant case, the victim H did not make a statement on specific injury damage, such as how certain parts of the body were affected at the time of the investigation by the police, and stated that the victim H was subject to violence, cash, etc.

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