Whether the crime of injury by robbery is established even in cases where a robbery inflicts an injury on a person due to reasons other than taking property, taking property, evading a return of property, evading arrest, evading a crime, and destroying a crime at the scene of the crime (affirmative)

As long as the robbery inflicts an injury on a person at the scene of the crime in an opportunity for robbery, the consequence of the assault, which is the means of taking property, does not arise, and even if the robbery was not committed in order to resist the recovery of property, to escape arrest, or to destroy the trace of the crime, the crime of robbery is established.

Article 337 of the Criminal Act

A and one other

Defendants

Attorney B and one other

Daegu High Court Decision 91No765 delivered on January 17, 1992

All appeals are dismissed.

The number of detention days after an appeal shall be included in the calculation of the original sentence by 80 days.

1. Determination on the Defendants and attorneys-at-law’ grounds of appeal

If the evidence of the court of first instance cited by the court below is examined by comparing the record and records, it can be sufficiently recognized the facts charged of this case in which the defendants jointly take the victim's property by intimidation in the old age, and as the victim demanded to send it only in the same location, and the judgment below did not err in the misapprehension of the rules of evidence, such as the theory of lawsuit, and therefore there is no reason for all arguments.

2. Judgment on the grounds of appeal by a public defender B

In the event that the robbery inflicts bodily injury on the scene of the crime at the time of robbery, the consequence of the assault, which is the means of taking property, such as theory of action, does not occur, and even if the robbery was not committed with the intent to resist the recovery of property, to evade arrest, or to destroy the trace of the crime, the crime of robbery is established. Therefore, the judgment below convicting the Defendants of the crime of robbery injury by robbery in the case of the crime of robbery is not acceptable.

3. Therefore, all appeals shall be dismissed, and some of the detention days after the appeal shall be included in the original sentence of the judgment below. It is so decided as per Disposition by the assent of all Justices who reviewed the appeal.

Justices Yoon Jae-ho (Presiding Justice)