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(영문) 대전지방법원 2018.08.09 2018고합233

강도상해

Text

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

Reasons

Punishment of the crime

On May 19, 2018, at around 02:50 on May 19, 2018, the Defendant discovered the victim D (the age of 21) who returned home under the influence of alcohol in the Dong-gu Daejeon C lending, Daejeon. On the back of the victim who opened a joint entrance door and carried the victim following the victim, the Defendant attempted to catch the victim with a handbag in the market price where the victim was put on the shoulder, but the victim was able to catch the handbag in the handbag, and the victim was in excess of the stairs.

The Defendant tried to take a handbag from the victim who continued to go beyond the Defendant, but the victim took a handbag and walked a part of the victim’s bag on one occasion due to the defect in the port of resistance, and suffered injury, such as handbags, handbags, handbags, and other parts of the victim’s face three times due to drinking, which require approximately two weeks medical treatment to the victim.

As a result, the Defendant committed an attempted withdrawal of the victim's property, thereby inflicting an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Photographss, written diagnosis of injury, response (the place of record, etc.) of each victim;

1. Investigation reports (Attachment of On-site CCTV image data) and the application of CCTV data-related Acts and subordinate statutes;

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

1. Grounds for sentencing under Articles 53 and 55(1)3 ( considered favorable circumstances among the following grounds for sentencing) of the Criminal Act to mitigate small amount;

1. Scope of applicable sentences under Acts: Imprisonment for not less than three years and six months to 15 years; and

2. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines has resulted in the occurrence of an injury, and the occurrence of the minor injury or injury (one year to four years) in the area of special mitigation (one year to four years), but the occurrence of the result of the injury falls short of the number of basic crimes;

3. Determination of sentence: The crime of this case committed by the defendant in March 3, 200 shall be injured by the victim by taking a handbag, following a female returning home under the influence of alcohol on a new wall.