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(영문) 대구고등법원 2015.06.04 2014노722
강도치상등
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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for not less than three years and six months; and

3. Daegu District Prosecutors' Office: The District Prosecutors' Office;

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have committed an injury by misunderstanding of facts and misunderstanding of legal principles (as to the injury caused by robbery), by driving the victim'sO behind the vehicle, thereby damaging the victim'sO above the floor.

Even if the defendant's act causes an injury to the victim's wife due to the defendant's act, the wound is a minor wound to the extent that it can be naturally cured, and is not an injury to the crime of injury resulting from robbery.

B. Even if the court below found the defendant guilty of the injury caused by the robbery of unreasonable sentencing, the court below's imprisonment (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, etc., the lower court determined that the lower court found the Defendant guilty on the ground that: (a) in light of the following circumstances acknowledged by the adopted evidence; (b) the police and the lower court determined that: (a) the victimO consistently made a statement in a specific manner that “the Defendant was faced with the neck of the Defendant who was on board the vehicle so that the Defendant does not escape; (c) the Defendant was on the floor due to the aftermashion of the vehicle; and (d) the victimO suffered an excessive impact on the hand and the bridge; (b) the victimO was given first aid on the hand and the bridge by the 119 first responder; (d) the victimO was given two times after the date of the instant crime; and (e) the victimO was given medical treatment at the hospital twice after the date of the instant crime; and (e) the victimO lawfully sustained the Defendant’s neck for the purpose of evading arrest; and (e) the victim’s injury and the injury caused by the evidence duly admitted and the strength of each of this case.

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