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(영문) 수원지방법원 2015.05.14 2014고합756

강도상해

Text

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

Reasons

Punishment of the crime

From around 00:00 on December 11, 2014 to around 00:40 on December 11, 201, 2014, the Defendant paid 100,000 won to the victim D (n, 48 years of age) in Suwon-si C, and demanded a sexual intercourse with the victim. However, upon the refusal, the Defendant demanded a sexual intercourse with the victim. However, in order to deduct the drinking value paid as above from the drinking value paid as mentioned above, the Defendant: (a) “The victim’s face and head part of the victim several times with the main and head part of the victim’s disease; (b) 100,000 won was paid to the victim; and (c) 20,000 won was deducted from the victim’s body, which requires treatment of the victim; and (d) 20,000 won was deducted from the victim’s body and head part of the dangerous object.

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

Summary of Evidence

1. Partial statement made by the defendant in this court (as of the second trial date);

1. Legal statement of witness D;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. The written statement of the defendant;

1. A written diagnosis of injury;

1. The scene of crime, photographs and photographs of victims;

1. Determination as to the assertion of the defendant and his defense counsel on the report on occurrence (special robbery), internal investigation report (Evidence Nos. 5, 11, 13, and 17), investigation report (Evidence No. 5, 11, 13, and 17), records of seizure, list of seizure, record recording

1. Defendant and his defense counsel’s assertion

A. The Defendant merely received a refund of the drinking value paid to the victim, and there was no intention of unlawful acquisition, and the Defendant committed an assault against the victim as the victim refused sexual intercourse, and received a refund of the drinking value after the assault was committed. Therefore, there is no causal relationship between the act of assault and a return of the drinking value.

B. The victim’s wife is extremely minor and thus it is not necessary to treat the victim.