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(영문) 대구고등법원 2015.05.14 2014노706
강도상해
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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3.Provided, That this judgment shall be given for three years from the date of its final judgment.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles did not steals “other’s property”. At the time, the Defendant gave 100,000 won to the victim prior to having a sexual intercourse with the victim and did not have a sexual intercourse with the victim. However, as long as the Defendant decided not to have a sexual intercourse with the victim, the said money is not owned by the victim, but is merely a possession of the Defendant and is in custody of the victim. Therefore, even if the Defendant carried out the said money, this does not constitute theft, i.e., theft, but does not constitute a crime of robbery or robbery, which is based on the premise that the crime of larceny was established. 2) There was no attempt to resist the recovery of property or to escape arrest.

The victim did not say that he would return the money from the beginning because he gets away from the Defendant, but did not return the money from the beginning.

Therefore, even if the victim got out or got out of the defendant's vehicle, there was no awareness or intent that the defendant would resist the recovery of property or evade the arrest at that time.

3) The injured party’s standing does not result from the Defendant’s act. The injured party’s standing does not result from the Defendant’s act. The injured party’s standing does not fall under the Defendant’s vehicle, but rather from the back side by the victim’s own rear side, and the injured party’s standing does not fall under the injury in the crime of robbery.

Even if the injured party's wife is due to the defendant's act, the injured party's body is so minor that the injured party's wife does not need to receive treatment, and there is no impediment in daily life even without receiving treatment, and the injured party's body can be naturally cured after the lapse of time.

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