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(영문) 서울고등법원 2020.04.22 2019노2774
강도상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The injury suffered by a victim of a misunderstanding of legal principles is a minor matter that can be naturally cured, and thus does not constitute the injury of robbery.

The sentence of unfair sentencing (three years and six months of imprisonment) by the lower court is too unreasonable.

The lower court’s sentence of the prosecutor (e.g., e., e., g., e., e.

The injury of robbery in the legal principle of judgment on the defendant's assertion of misapprehension of the legal principle refers to the injury of the victim's completeness or physiological function.

In a case where there is extremely minor body accompanied by violence and there is no difficulty in natural therapy and daily life due to the lack of treatment, it may be said that the injury of the crime of bodily or mental disorder does not constitute an injury. However, this is premised on the same degree as the body and condition that would normally occur in the daily life even if there is no assault. Thus, if the body of the victim is damaged or a physiological function is caused by violence, it shall be deemed that the injury is caused by the assault. Determination on whether the physical or mental condition of the victim, such as age, gender, physical strength, etc. should not be objectively and uniformly determined, but shall be made based on the physical or mental detailed state, etc.

(see Supreme Court Decision 2014Do1726, Apr. 10, 2014). A specific judgment of the lower court is rendered by the Defendant, the lower court led to the confession of all the facts charged at the lower court, and the lower court found the Defendant guilty on the ground that the Defendant committed an injury by robbery to the victim.

In full view of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, it is determined that the defendant injured the victim by robbery.

The judgment of the court below to the same purport is just, and there is no error in the misapprehension of legal principles.

(1) The defendant was dead in the name of the victim.

The defendant is followed by the victim.

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