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(영문) 창원지방법원 통영지원 2014.05.01 2013고합110

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 00:10 on November 7, 2013, the Defendant discovered the victim C(30 years of age) who is under the influence of alcohol at the entrance of the following stairs of the apartment house from the Jinyoung-dong at the Gapo-si, Gapo-si, Gapo-dong, and tried to take money and valuables from the victim.

Accordingly, the Defendant saw the victim's face at one time by drinking with the victim's face, and cut the victim's seat with his left arms, thereby moving the human resources located in the front door of the above apartment complex into the Dials of the Dials of the Dials, and gone beyond the floor.

In addition, the Defendant attached the victim's arms going beyond the floor to left arms, divided the part of the victim into those arms, and forced the victim's resistance by saving the victim, etc. In other words, the Defendant confirmed that the victim was deprived of the victim by taking three times into account the victim's scam, and then 35,000 won in cash, which is the victim's possession, was taken out on the part of the back part of the victim.

The defendant continued to go to the above apartment guard room while the victim was trying to report the mind, and again took the face of the victim again.

Accordingly, the defendant took property from the victim and suffered about two weeks of medical treatment from the victim, the defendant's injury to the upper order, the inspection, etc. was conducted.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. A report on internal investigation (the attachment of a medical certificate for injury and a photograph of injury);

1. Report on internal investigation (referring to the analysis of CCTV at the scene of crime);

1. Application of the CD-TV Acts and subordinate statutes (storage images recorded byCCTV);

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

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the conditions favorable to the reasons for sentencing below) shall be the victim after the defendant under the influence of alcohol committed an assault with the victim under the influence of alcohol and the crypology attached thereto.