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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the injury resulting from robbery among the facts charged in this case by mistake of facts or misapprehension of legal principles, the court below found the Defendant not guilty of this part of the facts charged despite erroneous determination of facts or misapprehension of legal principles, since the Defendant committed violence or intimidation against the victim outside Schlage was an act to escape arrest or destroy a crime, thereby causing injury to the victim. Thus, the crime of injury by robbery is established. Even though the Defendant did not have such purpose, as long as the Defendant inflicted an injury on the victim by assault or intimidation on the opportunity of robbery, the crime of injury by robbery was established.
B. The lower court’s sentencing (three years of the suspension of execution in two years and six months of imprisonment, two years of probation, and one hundred and twenty hours of community service order) is too unjustifiable and unreasonable.
2. Determination
A. (1) On September 8, 2013, the Defendant: (a) infringed on the building through open windows operated by the Victim E (Age 48) located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si on September 8, 2013 in order to take away the goods from the “Fstro,” and then dlimged the goods that could be stolen within the said aus in the said aus, while advertising water, the victim locked in the Schlage room would defend himself on the Defendant’s personal body. As such, the Defendant dlimged “I spath, Dok, Dokh, and Dohhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh
The victim, who was frighten, was frightened by the victim, went to the entrance of the defendant, and found the bicycle frighted by the defendant who was frightened, and tried to secure it as evidence, and escaped in the direction of the frighter.
Accordingly, the Defendant is driving away the victim in order to escape from the victim by cutting off the bicycle used by the victim.