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(영문) 서울고등법원 2016.07.14 2016노1321
강도상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, by misunderstanding the facts or misunderstanding the legal principles, inflicted an injury on the victim, the lower court acquitted the victim of robbery by misunderstanding the facts or misapprehending the legal principles.

B. The sentence sentenced by the lower court (three years of imprisonment, four years of suspended execution, and forfeiture) is too unfluent and unfair.

2. Determination

A. (1) Determination of misunderstanding of facts or misapprehension of legal principles on this part of the facts charged and the summary of this part of the facts charged by the lower court’s determination were as follows: “Around December 12, 2015, the Defendant: (a) away from the back cover of the Victim E (39 tax) on December 12, 2015; and (b) Contact the victim with a knife knife knife knife knife knife knife knife knife knife knife knife knifs

The judgment below acquitted the victim of robbery on the ground that it is difficult for the victim to be recognized as being injured in the crime of robbery in full view of the circumstances revealed by evidence, such as (i) the victim's body is not in obvious flaging with the victim's body, (ii) flaging the surrounding body, (iii) the victim did not have received hospital treatment, and (iv) the victim's statement did not have any inconvenience in living; and (iv) the victim's wife suffered injury cannot be recognized as being injured in the crime of robbery, but the court below found the defendant guilty of quasi-special robbery included in the above charges.

(2) The injury of robbery of relevant legal principles means that the injury of the victim’s physical integrity or interfere with physiological functions.

In a case where there is a very minor circumstance accompanied by a assault and thus there is no need for treatment, so if there is no obstacle in natural healing and daily life, it shall not constitute the injury of the crime of injury. However, this is based on the premise that it is the same degree as the wound that would normally occur in the daily life even if there is no assault.

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