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(영문) 대구지방법원 서부지원 2013.09.26 2013고합139

강도상해등

Text

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

The seized jackknife (No. 1) and one Cheong tape (No. 2).

Reasons

Punishment of the crime

1. On July 9, 2013, the Defendant affected the victim’s face and the breath by robbery on July 13:30, 2013, and found the object to be stolen by intrusion into the E apartment site No. 201 and 507, an E apartment site No. 201, which is a residence of the victim D (the 27 years of age), located in the Daegu-gu Seo-gu, Daegu-gu, and discovered the victim’s breath in the bee room, and caused the victim’s breath to prevent the victim’s breath from suffering with his/her hand, and caused about about 20 times the victim’s face, about 1-2 weeks of medical treatment.

As a result, the defendant invadeds on the victim's residence, and attempted to steals the victim's property, and inflicted an injury on the victim for the purpose of evading arrest.

2. On July 30, 2013, around 23:09, the Defendant purchased one blue tape to be used in committing the crime for robbery at the G convenience store located in Daegu-gu, Daegu-gu, and kept in his own house a jackackk-ray (24 cm in total length, 11 cm in blade) and prepared robbery by displaying money and valuables for about four hours at around 03:10 of the following day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site identification reports, requests for genetic appraisal, requests for appraisal of oil certificates at the scene of the crime, and fingerprints and personal descriptions of a residential intrusion case;

1. A report on the occurrence of an offense and each investigation report;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the points of intrusion upon residence, the choice of imprisonment), Article 337 of the Criminal Act and Article 343 of the Criminal Act concerning the crime;

1. Of concurrent crimes, an aggravated punishment shall be provided for in the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of robbery and bodily injury with the largest penalty);

1. Discretionary mitigation;