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(영문) 서울북부지방법원 2015.11.20 2015고합247

강도상해

Text

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

Reasons

Punishment of the crime

At around 03:43 on July 30, 2015, the Defendant: (a) discovered the victim D(n, 35 years of age) in the front of the Gangseo-gu Seoul Metropolitan Government; (b) discovered the victim D (n, 35 years of age); (c) did not resist the victim’s side of the victim, such as the victim, by drinking the victim’s property; and (d) obstructed the victim from breaking the victim’s side on one occasion, such as the victim’s back to the floor; and (c) 80,000,000 won of the market price owned by the victim, 20,000 won of the market price, including Samsung Ggju-gu, the victim’s upper part of the treatment days, and knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-king part of the treatment days.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of a crime, each investigation report (in relation to investigation of CCTV around the scene, investigation of victim's statement, transfer of bags collected at the oil site, reasons for not securing the originalCCTv at the scene of crime, investigation into cell phones oil, confirmation of the contents of CCTV video recording, and attachment of a drilling report);

1. Application of Acts and subordinate statutes to photographs, such as CCTV around the scene, E CCTV photographs, CCTV photographs around the lower-class point of a taxi, CCTV photographs of a F Hospital related to taxi riding, and photographs damaged by each victim (as of July 30, 2015, August 4, 2015);

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of the recommended sentence according to the sentencing guidelines (a decision of type] the category of robbery, the group of robbery, and the group of injury, the basic area of category 1 [the scope of the sentence of recommendation], the basic area of imprisonment with prison labor for not less than three years and not more than seven years (the scope of the revised sentence of recommendation] and not less than three years and not more than six months and not more than seven years (the lower sentence of punishment shall be based on the law applicable);

2. The Defendant recognized and reflected the instant crime.