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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2018.08.23 2018노965
강도상해등
Text

The judgment below

The part of the Defendants is reversed.

Defendants shall be punished by imprisonment for not less than three years and six months.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. The hole or fresh resulting from the crime committed by the victim alleged by misunderstanding of facts or misapprehension of legal principles was naturally cured without any separate hospital treatment and return.

This degree of injury does not constitute "injury", which is the element of the crime of robbery.

Even so, the lower court erred by misapprehending the legal doctrine on “injury” or by misapprehending the legal doctrine regarding the finding of a guilty guilty of all the facts charged, which affected the conclusion of the judgment.

B. Each sentence of the lower court (five years of imprisonment for each of the Defendants) on the grounds that the sentencing is unfair is too unreasonable.

2. Determination

A. According to the evidence duly admitted by the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the following circumstances are justified and acceptable. In addition, the following circumstances can be recognized.

In full view of these circumstances, it can be sufficiently recognized that the health condition of the victim has been changed in bad condition and that the victim has caused a disturbance in the life function of the victim due to the hole and the storm caused by the crime by the defendants.

The judgment below to the same purport is just, and the defendants' assertion on this part is without merit.

After the Defendants committed the crime, the doctor in charge explained the possibility of softing and delayed blood transfusion to the victim at the time of receiving treatment in the emergency room, and Brain CT shooting.

No victim has received any special treatment in addition to the emergency room.

However, the victim was under the violation of the Personal Information Protection Act at the time, and was detained immediately after the emergency room treatment.

In light of this, the circumstance that there is no other special treatment for the victim is no obstacle to the victim's daily life and the victim's wife can be naturally cured.

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