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(영문) 서울서부지방법원 2014.07.14 2014고합108

특정범죄가중처벌등에관한법률위반(강도상해등재범)

Text

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

Reasons

Punishment of the crime

[Criminal Power] On February 15, 2008, the Defendant was sentenced to imprisonment with prison labor for three years and six months at Seoul High Court for robbery, and was released on November 30, 2010 in the astronomical Open Correctional Institution during the execution of the sentence, and the parole period passed on May 10, 201.

【Criminal Facts】

피고인은 2014. 3. 6. 07:20경 서울 은평구 D 지층에 있는 피해자 E(29세)의 집에서 시정되어 있지 않은 현관문을 열고 그곳 주방으로 들어가 주거에 침입하고, 계속하여 재물을 절취하려다 마침 잠에서 깨어난 피해자에게 발각되어 도주하던 중, 그 집 담벼락에서 붙잡히자 체포를 면탈할 목적으로 피해자의 얼굴을 향해 주먹을 휘두르면서 발로 피해자의 복부를 1회 걷어차고, 이에 피해자가 또 다시 달려들어 붙잡자 발로 피해자를 수회 걷어찼다.

As a result, the defendant invaded upon another person's residence and attempted to steals property, and committed violence to the victim for the purpose of evading arrest.

Summary of Evidence

1. The defendant's partial statement (the fact that he/she intrudes on the residence of a victim at the time, time, and place on the market and that he/she does so in order to steals the victim's property);

1. Legal statement of witness E;

1. Some of the interrogation records of the accused prepared by the prosecutor;

1. Application of investigative reports (Attachment of photographs of the victim's upper part of his/her body): Criminal history records, etc. inquiry into criminal records, investigation reports (Attachment of judgments of the same kind as the suspect, etc.);

1. Relevant provisions of the Criminal Act and Articles 319 (Influence of Residence and Selection of Imprisonment), 342, 335, and 333 of the Criminal Act concerning the crime;

2. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes, the proviso to Article 42 of the Criminal Act, and Article 35 of the Criminal Act, among repeated offenders;

3. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act concerning quasi-Robbery and attempted robbery, which are heavier;