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(영문) 부산고등법원 2015.11.12 2015노539
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the diagnosis of mistake of facts and misapprehension of legal principles, the injury suffered by the victim is not so severe that it can naturally occur in daily life without being referring to “chront and tension,” and the Defendant did not assault the victim by drinking, etc. differently, and the victim did not have any specific treatment after the instant case. In light of the fact that there is no specific medical treatment, the wife suffered by the victim does not constitute an injury constituting the crime of robbery.

B. The Defendant was in a state of mental suffering at the time of the instant case, and was in a state of mental suffering.

C. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (each of four years of imprisonment, Nos. 1, 2, 4, 5, and 6) is too unreasonable.

2. Determination

A. The lower court also asserted that there was a mistake of facts, etc. in the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal doctrine.

The court below rejected the Defendant’s assertion on this point, on the ground that it is reasonable to view that the victim’s physical health condition was changed due to the injury and that the life function was hindered due to the injury, in light of the following circumstances acknowledged by evidence duly adopted and investigated, the background and degree of the Defendant’s assault, the content and degree of the Defendant’s assault, the degree of the victim’s pain, the content of the medical certificate of injury, and the victim’s age, gender, physical strength, etc.

① At the time of the instant case, the Defendant: (a) obstructed the victim’s timber; (b) obstructed the victim in a warehouse; and (c) obstructed the victim’s body into a warehouse; and (d) obstructed the victim’s body and set up the Defendant’s arms, and exceeded the floor while stopping the victim.

While the victim goes beyond the floor, the defendant is unable to divide the above victim's timber into a elbow, and the victim intends to take the knife of the defendant's hand while trying to occur.

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