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(영문) 서울고등법원 2015.04.17 2015노368
강도치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles (as to the injury caused by robbery), although the knife in possession of the defendant at the time of committing the crime is the fact that the victim D was injured by his own act of knifbing the knife by the victim D, it does not constitute the injury caused by robbery because the knife is very minor.

Nevertheless, the judgment of the court below which found the Defendant guilty of the bodily injury resulting from robbery on the ground that the Defendant, by putting a knife with a knife for the purpose of evading arrest from the victim D, had erred by misapprehending the facts or by misapprehending the legal principles.

B. The lower court’s sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. In the crime of robbery and injury, injury refers to a change of the victim’s physical health condition to a bad condition, and a disability is caused to his/her life function. If the injured party’s wife is extremely minor and thus the injured party does not need treatment, and it does not interfere with daily life even without receiving treatment, and if the injured party’s physical health condition is naturally cured following the lapse of the time, the injured party’s physical condition 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.

(See Supreme Court Decision 2003Do2313 delivered on July 11, 2003, etc.). B.

According to the evidence duly adopted and examined by the court below, while the defendant was suffering from theft of property and opened the entrance door of the victim D's residence into the living room, and found stolen articles, the defendant knife the victim D and the knife who was in the inner room threatened the victim with the knife, and the victim D suffered the above knife on the left part by knifeing the knife with knife in both hands and the doctor of the nife hospital is about the victim D's surface.

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