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(영문) 서울고등법원 2021.03.25 2020노2223
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of facts and misapprehension of the legal doctrine (as to the injury resulting from robbery), at the time of committing this part of the crime, there was no purpose to resist the Defendant’s intentional robbery and return of property, or to evade arrest, and there was no assault to suppress the victim F and G, and the victim G did not commit any assault to the extent of suppressing the resistance, and it is difficult to view that the upper part of the victim G suffered minor injury and injury resulting from robbery constituted injury.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the relevant legal doctrine.

2) The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

B. Prosecutor 1) Violation of the legal doctrine, immediately after each of the instant crimes, the Defendant was physically and mentally in light of his behavior.

It is difficult to see it.

Nevertheless, the Defendant was physically and mentally weak at the time of committing each of the instant crimes.

In view of the legal mitigation, the lower court erred by misapprehending the legal doctrine on mental disorder.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. 1) The judgment of the court below on the Defendant’s misunderstanding of the facts and legal principles also asserted the same as the grounds for appeal in this part. The court below rejected the Defendant’s assertion on the following grounds: in full view of the following facts and circumstances acknowledged by the legal principles and evidence duly admitted and duly investigated, the Defendant exercised an assault against the victim F in the process of stealing the Defendant’s vehicle owned by the victim F, to resist the recovery of property, to evade arrest, and to suppress the victims’ resistance from the general objective objective objective perspective; and thereby, the Defendant may have suffered injury by the victim G.

① The Defendant committed a special injury to the victim B prior to about ten minutes prior to the commission of the crime causing bodily injury by robbery of this case, and then walked from the house of the said victim to the road and walked from the road.

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