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(영문) 서울고등법원 2016.03.25 2015노3338
강도상해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) The lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine that the injury suffered by a victim of a mistake of fact or misapprehension of the legal doctrine constitutes the injury of robbery.

2) The sentence of the lower court’s improper sentencing (two years and six months of imprisonment) is deemed to be too unhued and unfair.

2. Determination of the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine

A. In the crime of robbery, injury in the crime of robbery refers to the following circumstances acknowledged by the court below's judgment and evidence duly adopted and examined by the victim's trial that lead to a change of the victim's physical condition and interference with his/her living function. If the injured party's body condition is extremely insignificant and the treatment is not required without treatment, and if the injured party's daily life can be naturally cured due to the passage of time without treatment, it cannot be deemed that the injured party's physical health condition was changed or that his/her life function was hindered and that the injured party did not interfere with his/her life function (see, e.g., Supreme Court Decision 2003Do2313, Jul. 11, 2003).

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