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(영문) 서울고등법원 2013.08.29 2013노892
강도치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the victim of misunderstanding of facts or misunderstanding of legal principles suffered a dog on the left knee, knee and shoulder, and received first aid through 119 first aid workers on the same day, it is obvious that the victim suffered a pain, such as knee and kne shoulder, during a long period of time, and caused a trouble in daily life.

Nevertheless, the lower court rendered a not guilty verdict on this part of the facts charged on the ground that the injured party’s wife caused by the Defendant’s assault does not constitute “injury” in the crime of robbery. In so doing, the lower court erred by misapprehending the legal doctrine on the injury in the crime of robbery or by misapprehending the legal doctrine on the injury.

B. The sentence imposed by the lower court on the Defendant (five years of imprisonment with prison labor for a term of three years) is too uneasible and unfair.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, the Defendant, around 04:0 on September 13, 2012, at around 04:0, at the front of Geumcheon-gu Seoul Metropolitan Government, used a cellular phone and discovered the victim D (the age of 31) who walked, found the victim D (the age of 31) and did so.

Although the Defendant, following the victim’s side, fele-off kne-off kne-off kne-off kne-off kne-off kne-off kne-off kne-off kne-off kne-off kne-off kne-off kne-off kne-off kne-off kne-kne-off kne-kne-kne-off kne-kne-kne

Accordingly, the defendant took the property of the victim and inflicted an injury on the victim.

According to the evidence duly adopted and examined by the court below, the court below held that the victim suffered from knee-knee-knee-kne, but it seems that this does not interfere with the life of the victim, and the victim himself/herself is also injured.

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