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(영문) 서울고등법원 2013.09.13 2013노2466
강도상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

There is no mistake of facts or misunderstanding of legal principles that the defendant only abused the victim and did not inflict an injury on the victim.

(2) Even if the injured party's wife was caused by the harmful act of the defendant, the injured party does not constitute the injury of robbery because it is difficult to view that the injured party's body's completeness is infringed or the physiological function is damaged, and it can be naturally cured.

When committing the instant crime, the Defendant was in a state of mental and physical disability, such as repeated disability and severe symptoms, etc., in a state of mental and physical disability.

The imprisonment with labor (three years and six months) imposed by the court below on the defendant is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below as to whether there was an injury to the assertion of misunderstanding of facts or misapprehension of legal principles, the defendant injured the victim's face by drinking several times, and in the process, the defendant's hand taken the victim's face into custody, and the defendant can be recognized as a cleaning agent at V parking lot water supply near U.S., so the defendant's allegation of misunderstanding of facts is without merit.

In the crime of injury to robbery, injury in the crime of injury means injury to the completeness of the body of a victim or injury to a physiological function, and the injury does not constitute injury in the event that natural healing and daily life are not impeded because it is extremely unfluened so that treatment is necessary.

(See Supreme Court Decision 9Do4305 delivered on February 25, 2000. According to the statement and diagnosis of the Defendant and the victim, images of the victim injured body, etc., the victim was diagnosed for two weeks of the treatment period due to the Defendant’s drinking face, typology in and around snow areas, open room, etc., and the victim was diagnosed for two weeks of the treatment period.

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