The separation and acknowledgement of injury by robbery and mistake of facts

It is true that the injury caused by assault does not result in restricting the victim's free will, but it is true that the prosecutor taken the property after suppressing the consent to resist and neglecting to resist, and thus it is reasonable for the prosecutor to charge the injury and to separately recognize it as an injury and attack.

Articles 337, 350, and 357 of the Criminal Act

Prosecutor

The Gwangju District Court of the first instance, the Gwangju High Court of the second instance.

We reverse the original judgment.

Defendant 1, 2, and 3 of the same Act shall be punished by imprisonment for not less than three years and six months.

Each 80-day period of detention before a judgment of the court of first instance is rendered, shall be included in each original sentence.

No. 2 (1 hand, etc.) No. 3 (1 hand, etc.) of the seized evidence No. 2 (430 money) shall be returned to the victim's stuffed third party.

Since the chief prosecutor of the Gwangju High Public Prosecutor's Office's ground for appeal was found to have been missing from the second year of the commercial high school, Defendant 2 graduated from Gwangju High School, and he was aware of each of the following facts: Defendant 3 was the victim's non-indicted 1's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 2's non-indicted 3's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted 1's non-indicted 2's non-indicted 1's non-indicted 1's non-2's non-indicted

The judgment of the court below in charge of the robbery divided and observe the facts charged of the robbery of the prosecutor into the injury and the attack, and put them into concurrent crimes. However, according to the records of this case, it is sufficient to convaluate that the injuries caused by the nuclear assault in the nuclear market are not flicker to restrict the free will of the victim, etc., and that the victim was forced to resist by suppressing the victim's will to resist. Therefore, the facts charged in this case are justified in the form of robbery and the judgment of the court below, which is reasonable in the form of robbery, are recognized as being separated from the injury and the attack, and therefore, the judgment of the court below which is reasonable in the argument, cannot be reversed.

In accordance with Article 391 (2) of the Criminal Procedure Act, the court below's judgment is reversed and Defendant 1 directly retired from the second year of Gwangju High School, and Defendant 2 was aware of it without fault after graduating from Gwangju High School, and Defendant 3 became a witness of the first instance court 4 and 11:20 p.m. on October 3, 4289, 20 p.m., the defendant et al. can be admitted as a witness of the second instance court 20 p.m., which corresponds to the judgment of the court below 1 p.m. (20 p.m., 10 p., 10 p.m., 20 p., 10 p.m., 10 p., 200 p.m., 10 p., 200 p.m., 10 p., 100 p.m., 200 p., 100 p.m., 200.

Since the court below's decision-making by the defendant et al. falls under Article 337 and Article 30 of the Criminal Code, the defendant et al.'s decision-making by applying Articles 53 and 55 (1) 3 of the Criminal Code to the extent of discretionary mitigation by applying Articles 53 and 55 (1) 3 of the same Code, the defendant et al. shall be sentenced to imprisonment for 3 years and 6 months, and the total number of days of detention shall be returned to the stolen articles of seizure under Article 57 (1) of the same Code as the disposition by applying Article 333 (1)

Justices Kim Byung-ro (Presiding Justice)