beta
(영문) 대구지방법원포항지원 2020.10.29 2020고합75

강도상해등

Text

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

Probation order requester shall be put on probation for five years.

Reasons

Criminal facts

Facts of the cause of probation order [criminal facts]

1. On July 27, 2020, the Defendant and the Probation Order Claimer (hereinafter “Defendant”) destroyed a high-priced vehicle under the influence of alcohol in the south-gu public parking lot at port and destroyed it to a prison. On July 27, 2020, at the same time, the Defendant’s property damage and the victim’s vehicle parked in the parking lot was damaged to the extent that the cost of repairing the vehicle is equivalent to KRW 1,952,891 by walking the strings of the victim C owned by the victim C, and continuously damaged the victim’s E-owned car by continuing to walk the strings of the flicker’s own car so that the flicker does not operate.

Accordingly, the defendant has damaged the victims' property.

2. At around 15:53 on July 28, 2020, the Defendant suffered bodily injury by robbery: (a) threatened the victim I (the 51 year old), an employee who was working at the Kackter, with the intent of taking money from the H convenience points in South-gu G at the port; (b) threatened the victim I (the 51 year old), with his own hand, with the victim’s interest; and (c) again threatened the victim with the victim’s interest, “within the convenience point,” and (d) forced the victim to fright the victim’s interest with his hand and escape out of the convenience point, and forced the victim to withdraw money from the victim. However, the victim continued to resist at the convenience point, and even if the victim did not escape from the convenience point, the victim did not have been able to take care of the victim, and the victim suffered injury, such as the impairment of the character of the other parts necessary for two weeks’ treatment, gambling, inspection, etc.

Accordingly, the defendant attempted to commit robbery, and attempted to injure the victim.

[Judgment of the court below] The defendant committed robbery as above and is likely to recommit robbery.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, and I;

1. Reports of internal history (in relation to field photographs), 12 photographs of damaged vehicles, 12 internal history reports (in relation to attaching photographs of the body part of the victim), 2 copies of photographs of the body part of the victim;