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(영문) 대구고등법원 2015.09.24 2015노266
강도치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's action of mistake of facts and misapprehension of legal principles is not due to the defendant's act.

In addition, even if the injured party's wife was caused by the defendant's act, the injured party's wife is extremely minor and so it can be naturally cured even without receiving treatment, so it cannot be viewed as an injury in the crime of bodily injury resulting from robbery.

B. Even if the facts charged in the instant case are found guilty, the lower court’s imprisonment (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below as to whether the injured party’s upper condition was caused by the Defendant’s act, the injured party’s upper condition may be sufficiently recognized without any reasonable doubt as to whether the Defendant’s act was caused by the Defendant’s act. ① The police and the prosecution made a clear statement at the police and the prosecutor’s office that “The injured party, while leaving the Defendant’s lower seat on the Defendant’s vehicle, was at one time at the lower right end while leaving the Defendant’s seat on the Defendant’s vehicle, but at that time, no she was absent due to the Defendant’s seat on the right side, and that there was a pain on the right side,” and that “the Defendant was off the part of the right side of the Defendant’s seat (Evidence record, 97-98, 234, 304-305, 305).”

The victim's statement contains not only a very detailed statement, but also a unique detailed information that she had worn the right eye from the defendant after the price was high, and its credibility is very high.

② When the Defendant tried to take a knife the victim’s head at the prosecution, the Defendant had a knife the knife with the knife.

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