(영문) 서울고등법원 2016.01.29 2015노2818 | 리걸엔진

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(영문) 서울고등법원 2016.01.29 2015노2818

강도상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles 1) The Defendant did not commit violence or intimidation to the degree of suppressing the victim’s resistance at the time of the instant case, and there was no coercion, which is the element of the crime of robbery.

2) In addition, even if the injured party’s wife is extremely minor and does not receive treatment, it does not interfere with daily life and may naturally be cured upon the passage of the time, and thus, it does not constitute injury for which the crime of robbery is scheduled.

3) Therefore, the court below erred by misapprehending the legal principles or misunderstanding the facts, although the concurrent crime of larceny and assault (the crime of bodily injury by assault) can not be established, and even though the crime of bodily injury by robbery cannot be established, the defendant is liable for the crime of bodily injury by robbery.

B. The sentence sentenced by the court below to the defendant (three years and six months) is too unreasonable.

2. Determination:

A. According to the reasoning of the lower court and the evidence duly adopted and examined in the first instance court, it is recognized that the Defendant committed assault to the extent that he would suppress the victim’s resistance at the time of committing the instant crime.

Therefore, this part of the defendant's assertion is rejected.

A) The victim D consistently stated at the investigative agency and the trial court of the party that “I am in the first place, on what he was the Defendant’s back water, left the hand room by putting his son away from her back water, and she was in order to keep his hand room back, and thereafter, the Defendant continued to have his hand room opened on the floor.”

The above statement of the injured party is consistent and very concrete, and it is judged to be reliable in that there is no special circumstance that the injured party does not discover the accused in a false manner.

B) The background and background of the Defendant’s assault.

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