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(영문) 청주지방법원 2019.06.07 2019고합79

강도상해

Text

A defendant shall be punished by imprisonment for four years.

Part 2 (No. 2) and part 14 (No. 2) of daily franchisium, seized right of 10,000 won.

Reasons

Punishment of the crime

On April 17, 2019, at around 20:45, the Defendant was in the residence of the victim B (here, 78 years of age) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the victim was able to receive money and valuables by gathering the kitchen knife, which is a deadly weapon in the kitchen and the kitchen clife of the victim’s home, and threatening the victim to receive money and valuables by threatening the victim while the victim intruded the victim’s home to the house through the string cret of the house, which is in a string of the kitchen.

While the Defendant was waiting for a hidden victim in the above residence toilets, the Defendant: (a) threatened the kitchen knife in the future of the toilet with the victim’s item, threatening the victim to “whether or not there is money; and (b) led the victim to the bet, leading the victim to the bet and pushed the victim.

The Defendant continuously demanded the victim to pay money as above, but sought the victim’s speech that there was no money from the victim, and took the victim’s head at a time when the victim was scarpro proto, and took the victim’s head at a time, and led the victim to the suppression of the victim’s resistance, such as the victim’s breast part, etc., and subsequently, demanded the victim to pay money, and 34,000 won in cash were deducted from the victim.

The Defendant took a deadly weapon with the victim's property, and took a scarcity, scarcity, etc., which requires treatment for about 21 days, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of each protocol of seizure, list of seizure, site, and photographs of seized articles to the Acts and subordinate statutes;

1. Article 337 of the Criminal Act and the choice of punishment for the crime, Article 337 of the Criminal Act and the choice of limited imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victim;

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

2. The scope of recommendations according to the sentencing criteria; and