강도상해
A defendant shall be punished by imprisonment for not less than one year and six months.
Punishment of the crime
The defendant is a foreign worker of Chinese nationality who is illegal aliens.
On July 4, 2013, at around 07:30, the Defendant brought a dispute with the victim in the residence of the victim D(33 years of age) located in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and 101, and caused injury to the victim, such as the sale on the left-hand side of the treatment days, by taking over the victim's 42 m in total length, which is a dangerous thing that he was at risk of chemicalization (42m in total).
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of witness D;
1. Photographs (influence, fluorine);
1. Application of the existing Acts and subordinate statutes of one (Evidence No. 1) seized network;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)
1. Insignificant injuries in the mitigated area (one year and six months to two years and six months) (special mitigation) of a mitigated area (one year and six months from imprisonment) according to the sentencing guidelines, within the scope of the recommended sentence [the scope of the recommended sentence] according to the sentencing guidelines;
2. The crime of this case, which was sentenced to the sentence, is a case where the defendant inflicts bodily injury on the victim due to the loss, which is a dangerous object. Considering the circumstance of the crime of this case, the nature and circumstances of the crime, and the method of the crime, etc., there are no specific data to deem that the defendant agreed with the victim or made efforts to recover from the damage, it is inevitable to punish the defendant significantly.
However, the defendant has been illegally staying in China, the degree of injury of the victim is not serious, etc. considering favorable circumstances, and the sentencing guidelines shall be determined within the scope of recommended sentencing guidelines presented in consideration of various sentencing conditions shown in the arguments in this case, such as the age, character and conduct of the defendant, and environment.
The acquittal portion
1. The summary of the facts charged in the instant case is injury by robbery.