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(영문) 대전고등법원 2014.03.21 2013노528
강도치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The injured party’s wife resulting from mistake of facts or misapprehension of legal principles does not constitute “injury” in the crime of injury resulting from robbery.

B. Article 337 of the Criminal Act, which provides that when robbery causes injury to another person, a person shall be punished by imprisonment with prison labor for life or for not less than seven years, is an unconstitutional provision that has lost legitimacy and balance in the criminal system, and the same provision provides the injury and injury resulting from robbery as a whole, thereby violating the principle of equality.

2. Determination

A. In the crime of injury resulting from robbery, injury in the course of a mistake of facts or misapprehension of legal principles as to the crime of injury by robbery refers to the alteration of the victim’s physical health condition to a poor condition and the occurrence of a disturbance to his/her living function. If the injured party’s wife is extremely minor and the injured party’s wife does not need treatment, and there is no difficulty in daily life even if the injured party did not receive medical treatment, and if the injured party’s physical health condition was naturally changed due to the passage of the time, and the injured party’s physical health condition was extremely poor

The phrase "no injury caused by robbery shall be deemed an injury to a crime of robbery because it is difficult to see that such injury is caused by the function of life," is the same as the reason for appeal.

(2) On July 11, 2003, 2003. However, the following circumstances acknowledged by the evidence presented by the court below and the witness E’s statement, namely, ① on the day of the instant case, the victim appears to have knife the Defendant knife on the part of the right knife and knife the Defendant knife on the knife on the knife floor, and knife the right knife and knife on the knife. ② The victim did not have a mind on the day of the instant case, but did not do so on the day of the instant case, and the body of the Defendant was cut like knife.

The body as a whole is too rare, and it was not completely locked.

shall operate for at least at least a week.

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