In cases where some of the joint crimes of robbery inflict an injury on the victim, whether there is liability for the injury by robbery of the remaining criminals

In case where several persons jointly commit robbery, if some of the offenders inflict an injury on the victim on that opportunity, the rest of the criminals cannot be deemed to have been unable to do so, may not be exempted from the liability for the crime of robbery.

Articles 334(2) and 337 of the Criminal Act

Defendant

Defendant

Attorney Yellow-il

Seoul High Court Decision 89No2544 delivered on November 2, 1989

The appeal is dismissed.

40 days out of detention days prior to the imposition of judgment after an appeal shall be included in the penalty of the original judgment.

1. As to the grounds of appeal by defense counsel

The sentence of the court below with respect to this case shall not be deemed to be proper, heavy and unfair.

2. As to the Defendant’s ground of appeal

In the event that several persons jointly commit robbery, if some of the offenders inflict an injury on the victim on that opportunity, and if it cannot be deemed that the remaining criminals were unable to do so, the crime of robbery cannot be exempted. Examining the criminal facts of this case established by the court below in light of the records, it is right and wrong to determine that the facts of this case fall under the facts of this case and thus, it cannot be said that there is any error in the judgment of the court below that the defendant was liable for the crime of robbery. Thus, the reason for the reduction of the punishment for the injury cannot be accepted.

3. The arguments are without merit, and the appeal is dismissed, and part of the number of days of detention pending trial shall be included in the original sentence of the original judgment. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-ju (Presiding Justice)