(영문) 서울고등법원 2020.01.15 2019노2135 | 리걸엔진

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자간(%)

(영문) 서울고등법원 2020.01.15 2019노2135

강도치상등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles (not guilty part in the grounds of appeal) are difficult to view that the injured party G suffers from a crime No. 2 in the judgment of the court below does not interfere with daily life and is extremely minor enough to recover nature within a short time, and thus, constitutes injury resulting from robbery.

Nevertheless, the court below erred by misunderstanding of facts or misunderstanding of legal principles in finding not guilty of the facts charged against the injury resulting from robbery.

B. The lower court’s sentence against the Defendant of unreasonable sentencing (two years of imprisonment and fine of one hundred thousand won) is too uneased and unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. On May 27, 2019, the Defendant: (a) around 03:06 on May 27, 2019, 15, 15,000 won in cash from the victim H’s part of the charge that was found not guilty; (b) around around 83:00 won in cash from the part of the victim’s Habbro where the Defendant was frighted to a multi-household building located in Seongdong-gu Seoul Metropolitan Government, the residence of the victim G (the 83 years of age) and the victim H (the 89 years of age), and went behind to the multi-household building; and (c) obstructed the victim’s house with the second floor of the building, and infringed upon the victim’s house; and (d) 15,000 won in cash from the part of the victim’s Habro where she was posted to the small room; and (d) around that time, he she was fel with the Defendant’s hand to escape arrest, and caused the victim’s k away.

Accordingly, the defendant inflicted an injury on the victim G for the purpose of stealing the victims' property and evading arrest.

B. In the crime of injury resulting from robbery, injury, or robbery, the judgment of the court below refers to the alteration of a victim’s physical health condition to a bad condition, and the occurrence of a disability in his/her life function. Thus, the victim’s wife is extremely minor and thus, it does not need to be treated, and the victim’s daily life is conducted without receiving medical treatment.

유사 판례

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