The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal: The normative elements should also be taken into consideration when determining whether the injured party D (60 years of age) suffered from mistake of facts or misapprehension of legal principles constitutes an injury or injury resulting from robbery.

In the case of this case, the victim was in a situation where he could be injured or she could suffer a wound or sacratal sace, sacrife, etc.

Therefore, the lower court’s conclusion that acquitted the Defendant on the crime of robbery is 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.

(Supreme Court Decision 2003Do2313 Decided July 11, 2003, Supreme Court Decision 2006Do8035 Decided February 22, 2007, Supreme Court Decision 2010Do10305 Decided May 26, 201, etc.). The prosecutor must prove that the victim suffered injury.

B. The lower court determined as follows.

According to the statement in the victim's investigative agency, the victim was in the process of putting a taxi and towing it over the floor, but it is recognized that the victim did not have a serious level of standing with clothes at the time and did not interfere with the taxi business and daily life and did not receive hospital treatment.

In addition, even after the victim gets on a different taxi and driving away from the defendant, the upper part of the chest was drinking once from the defendant, but the victim did not take place.

According to this, it is submitted.