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Reasons
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(영문) 서울고등법원 2014.04.25 2013노3120
강도상해
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The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment is too unreasonable.

B. Prosecutor 1) An injury caused by mistake of facts or misapprehension of legal principles is caused by a knife owned by the defendant, and even though the defendant had no intention to inflict an injury on the victim by knife, the defendant is found to have committed an injury resulting from robbery as long as the defendant suffered the injury in the course of resisting the victim by knife the victim and resisting the victim. 2) The sentence of unreasonable sentencing is too uneasible and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the Prosecutor: (a) at the trial before the judgment on the grounds for appeal ex officio, the name of the crime was “injury by robbery” from the “injury by robbery”; and (b) in the facts charged, the Prosecutor threatened the victim with “ex officio,” and prevented the Defendant from resisting against the Defendant by threateninging the victim’s resistance, i.e., “h., the excessive excess that he was in possession,” and “h. . . . . . . . . . . . . . . ...........................” (a) the Defendant forced the victim to force the victim’s free hand, and f.e., opening a car window with the driver’s hand, and resisting the victim’s “k. . ... .... ... ..... ......... 1) on the left the victim.............................

As above, the Defendant threatened the victim, thereby suppressing the victim’s resistance, and forced withdrawal of money and valuables. However, the victim resisted the victim’s knife with the Defendant’s knife and resisted, and opened a car window with the left hand and carried it out by large sounds, and did not bring the intent to attempted. The victim resisted against the victim, while the victim resisted as above, is in a flife, the left side of the knife, and the number of treatment days is unknown to the victim.

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