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(영문) 대구고등법원 2017.10.26 2017노377
강도치상등
Text

The defendant's appeal is dismissed.

Reasons

The form of force used by the Defendant in the course of misunderstanding the substance of the grounds for appeal or misunderstanding the legal doctrine (related to the injury caused by robbery) is merely a kind of assault or intimidation to the degree of suppressing the victim’s resistance in the course of the larceny of the thief thief, and cannot be deemed to constitute assault or intimidation to the extent of suppressing the victim’s resistance. Thus, the charge of the injury caused by robbery of this case should be based on concurrent crimes committed by larceny and bodily injury.

Nevertheless, the court below found the Defendant guilty of the injury resulting from robbery of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

In light of various sentencing conditions in this case, the punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

As to the assertion of misunderstanding of facts or misapprehension of legal principles, the Defendant argued to the same effect as the allegation in this part of the grounds for appeal, and the lower court rejected the Defendant’s assertion on the ground that taking the Defendant’s misappropriation from the damaged person by taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it cannot be deemed that the misappropriation used by the victimized person was merely abruptly caused in the course of the larceny of the thie act by cutting off the Defendant from the damaged person in a pure and strong manner, and this constitutes an assault sufficient to suppress the victim’s resistance, which was conducted for the purpose of suppressing the victim’s resistance, and which constitutes an assault sufficient to suppress the victim’s resistance.

On January 26, 2017, the victim prepared a written statement and submitted it to the police.

그 진술서에는 성명 불상의 남자가 피해자의 가방을 낚아챌 때 피해자는 빼앗기지 않으려고 버텼는데, 그 남자가 가방을 잡아당기는 힘에 의해 땅바닥에 넘어지면서 머리를 부딪쳐 피가 났다고

set forth.

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