The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

1. Summary of grounds for appeal;

A. In light of the legal principles, injury suffered by a victim is capable of natural therapy, and the physical health condition is changed to the degree that it does not reach the degree that it may cause an obstacle to the function of life. Therefore, the injury required for the crime of injury by robbery does not constitute injury.

B. The lower court’s sentence of unreasonable sentencing (seven years of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of the legal principle of the defendant

A. In the crime of robbery, injury in the relevant legal doctrine refers to a change of the victim’s physical health condition to a poor condition, and a disability in his/her living function is caused. If the injured party’s wife is extremely minor and so there is no need for treatment, and even if the injured party’s wife does not receive treatment, it does not interfere with daily life, and if the injured party’s physical health condition can be naturally cured following the lapse of the time, the injured party’s physical condition was changed to a poor condition.

It is difficult to see that there is an obstacle to the function of life or that there is an injury in the crime of robbery.

(See Supreme Court Decision 2003Do2313 delivered on July 11, 2003, etc.). Meanwhile, in a criminal case, a diagnosis of injury may serve as a valuable evidence proving the criminal facts of the defendant, along with the statement of the victim.

However, the existence of the injury fact and the causal relationship should also be recognized to the extent that there is no reasonable doubt. Therefore, when there are circumstances to suspect objectivity and credibility of the injury diagnosis report, it should be very careful in determining its probative value.

In particular, when the medical possibility is issued only on the basis of the victim's subjective appeal, etc. that the death diagnosis certificate has mainly been issued, the date and time of the diagnosis shall be close to the time and time of the occurrence of the injury, and there is no circumstance to suspect the credibility in the process of the issuance of the injury diagnosis certificate, and it is written in the injury diagnosis certificate.