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(영문) 울산지방법원 2015.10.30 2015고합243

강도상해

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[Criminal Power] On June 24, 2011, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court on March 31, 201, and completed the execution of the sentence in Busan Correctional Institution on October 31, 2014.

【Criminal Facts】

On August 3, 2015, at the entrance of the innovation city located near Ulsan-gu, Ulsan-gu, 1,2015, the Defendant discovered and accessed the victim C (here 29 years of age) who returned home, and tried to catch handbags on the market price of the victim, but the victim did not set up the bank and resist, and even if he did assault the victim's left hand, he did not go against the victim's resistance, even if he did not go against the victim's right handbag on two occasions in order to suppress it.

As a result, in the course of taking the victim's property by taking the victim's property, the defendant added approximately two weeks to the left-hand side of the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of the victim C;

1. A written diagnosis of injury;

1. An investigation report, an investigation report (in cases of uniforms at the time of arrest of a suspect), and an investigation report (in cases of attaching photographs of on-site inspection);

1. Photographss, such as photographs of the victim's upper part, photographs, such as the scene of the crime, uniforms taken at the time of arrest of the suspect, on-site inspection photographs, and CCTV images for crime prevention;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (the previous records and confirmation of a suspect), and the application of Acts and subordinate statutes as a result of prisoners' search;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment for a term of three years and six months to twenty-five years;

2. The range of recommendations according to the sentencing criteria shall be recommended; and