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(영문) 수원지방법원 평택지원 2019.09.27 2019고합101

강도상해

Text

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

Reasons

Punishment of the crime

The Defendant did not seek one's work for those who have inconvenienceed in driving due to traffic accidents, and had his ability to take away the property of other persons with high frequency while living in the old.

At around 00:21, July 16, 2019, the Defendant: (a) returned home (the age of 52) while drinking alcohol on the side of the B Apartment-dong, Ansan-si, B Apartment-dong; and (b) went back without the sea, and then, (c) the victim got out of the wall that he saw in his hand; (d) but (e) the victim got out of the wall that he saw in order not to have the wall taken out; (e) later, the victim got out of the miscellaneous floor; (e) 100,00 won in cash owned by the victim, identification card 1, 4, 4, 2, etc. of the entrance card; (e) the victim got out of the wall, and (e) the victim got out of the wall and bral in the left side of the victim's face on one occasion, and (e) led to the victim's suppression of resistance, such as the victim's 100,000 won in cash, identification card 1, 4, and bra

Accordingly, the defendant took the property of the victim and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Investigative reports (to hear statements from victims);

1. A report on internal investigation;

1. Photographs of damaged part of the victim;

1. 112 reported details;

1. Protocols of seizure, on-site photographs and photographs of seized articles;

1. Application of the legislation in its opinion;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for three years and six to fifteen years;

2. The scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] [the category 1] general robbery [the scope of the recommended sentence] mitigation element: bodily injury or negligence, in particular mitigation range [the scope of the recommended sentence] special mitigation range, one year to four years [the scope of the recommended sentence revised according to the applicable sentencing range] recommended by the sentencing guidelines of 3 years to 6 months 4 years, and 3 years and 4 years, are inconsistent with the lower limit of the applicable sentencing range under law.