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(영문) 광주고등법원 2020.09.10 2020노169
강도상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. Although the injury suffered by the victim due to the crime of mistake of facts in this case does not constitute injury to the crime of robbery, the lower court erred by misapprehending the facts, thereby convicting the Defendant of the instant facts charged.

B. The lower court’s sentencing is too unreasonable and unfair.

2. Determination

A. In regard to the assertion of misunderstanding of facts, an injury in the crime of robbery refers to a change of a victim’s physical health condition to a poor condition, and a disability in his/her living function is caused. If the injured party’s wife is extremely minor and so there is no need for treatment, and even if the injured party’s wife does not receive treatment, it does not interfere with daily life, and if the injured party’s physical health condition can be naturally cured following the lapse of the time, the injured party’s physical health was changed

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.

(2) On July 11, 2003, the court below and the evidence duly adopted and examined by this court as to this case. ① The victim suffered an injury to the body of the victim on the ground that the body of the victim suffered injury to the body of the victim during the process of fighting the body of the defendant using the kitchen knife and threatened with the kitchen knife at a level of 40 meters and the body of the body of the victim at the left side, such as flife and brue. ② The victim was within the M Hospital on January 1, 2020 following the occurrence date of this case and "the main disease: the flife's base and tension, the flife's bed's bed': the bure's bed's bed's bed', the bure's bed's bed' and bur's face, the victim suffered damage to the body of the victim during the process of administering the body of the victim.

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