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(영문) 광주고등법원 2014.03.13 2013노539
강도상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. Although it is apparent that a mistake of facts or misunderstanding of legal principles has led to a change of the victim’s physical condition or a failure to function as a part of life due to the injury suffered by the victim, the lower court acquitted the Defendant of this part of the facts charged on the ground that the above injury by robbery does not constitute “injury” in the crime of robbery. Therefore, the lower court erred by misapprehending the legal doctrine on injury by robbery or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unreasonable sentencing is too un

2. Determination

A. On August 22, 2013, at around 04:42, the gist of the facts charged is as follows: (a) at the convenience point of “I” operated by the victim H (Nam and 45 years old), the Defendant: (b) obtained the victim’s money, as stated in its reasoning, and (c) ran the victim’s interest into a camping hole where the victim was under custody inside the convenience store, and (d) ran the victim’s interest, and (e) ran the victim’s interest, the victim’s interest cannot be said to have been removed from the convenience store. (b) The lower court, based on the evidence duly adopted and investigated by the lower court, determined that the Defendant only 2 weeks of the victim’s interest in treatment and treatment were “the victim’s interest in treatment” and “the victim’s interest in treatment and treatment at the convenience store. However, the lower court did not appear to have received the victim’s interest in treatment or treatment at the time of the victim’s interest in treatment.” (c) The lower court did not accept the victim’s diagnosis and treatment.

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