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(영문) 대전지방법원 2016.12.15 2016고합267

강도상해

Text

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

Reasons

Punishment of the crime

At around 23:00 on July 12, 2016, the Defendant: (a) had expressed a mind to forcibly take money and valuables against women who passed the dial underground map of Sejong Special Self-Governing City; and (b) had concealed it in the grass forest adjacent to the road with industrial keyboard, tape and tape.

On July 12, 2016, at around 23:30 on July 23:3, 2016, the Defendant discovered the victim D (at 36 years of age) who returned home, and she was towed by the back of the victim with the clothes lying back the victim's own dynas, and was towed by the backed dynasing field.

While the Defendant, “I am only,” on the part of the victim, she laid the victim on the part of a grass field, laid the victim on the part of a dry field, she saw the victim into a tape, she was able to have his/her feeted, snow, or kid, and her feet on the part of the victim. However, the Defendant, on the part of the victim, tried to force the victim to take money and valuables from the victim by putting the victim’s resistance at hand when the victim she saw the victim’s feet on two occasions with his/her head and face part of the buckbucks, and tried to escape from the scene, such as the victim’s continuous sound and the wheels with the Defendant’s arms.

As a result, the defendant tried to forcibly take money and valuables of the victim, and the defendant committed an injury to the victim, such as the impairment of bodily integrity of the second 14-day medical treatment, the dump of the bones of trees, and the tension in the process.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each protocol of seizure and each list of seizure;

1. The case-related photographs and field CCTV photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 337 of the Criminal Act concerning the facts constituting an offense and Article 337 of the Election of Imprisonment;

1. Whether the defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel are injured by the victim's minor injuries to the extent that the victim naturally cured, which led to the occurrence of the victim's minor injuries.