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(영문) 부산고등법원 2020.01.30 2019노544
강도치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There was no fact that the Defendant inflicted an injury on the victim, and the injury of the victim was merely an obvious occurrence during the escape of the Defendant, and thus, it was not foreseeable that the victim would suffer an injury.

B. In light of the legal principles, it is reasonable to view that the robbery was terminated by the Defendant’s making a single-lane store without paying the drinking value at the time, and even if the Defendant returned to the next day and sustained the injury with the victim during the process of making a franchising with the victim, this cannot be deemed as an injury caused by robbery due to the interruption of time, and thus, the instant crime cannot be punished as an injury resulting from robbery.

C. The sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s determination of mistake of facts, the Defendant alleged to the same effect as this part of the grounds for appeal, and the lower court’s determination on the assertion of the Defendant and the defense counsel as stated in the judgment of the lower court is as follows.

The Court rejected the defendant's assertion in detail in its decision.

If the reasoning of this part of the judgment of the court below is closely compared with the evidence duly adopted and examined by the court below, the judgment of the court below that recognized that the defendant intentionally inflicted an injury on the victim is just and acceptable, and there is no error in the judgment of the court below that affected the conclusion of the judgment by misconception of facts against the rules of evidence as alleged by the defendant, etc.

Therefore, the defendant's assertion of mistake is without merit.

B. As a matter of course, the crime of robbery and injury by robbery is established when an act of injury to an opportunity for robbery is committed, it can be deemed that the crime under social norms has not been completed immediately after the commission of robbery, or immediately after the commission of robbery, or after the waiver of the criminal intent of the commission.

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