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(영문) 대구지방법원 서부지원 2017.08.17 2017고합89

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 17, 2017, the Defendant, while standing in the vicinity of the D stopping place located in Seogugu Daegu, Daegu around 23:00, discovered the victim E (V, 56 years of age) who kid alone, and tried to drive away the victim after taking the handbag of the victim.

In order to suppress the victim's resistance, the injured person entered a main and face of the victim by drinking in several times, the defendant tried to take the victim's arms and knife his arms, and assault the part of the victim's arms by drinking, but the injured person tried to take the handbag in his arms. However, the injured person did not set a handbag in his state beyond the floor, and the Defendant did not escape, thereby doing so, did not bring about his intention to escape, and the victim did not go back to the attempted crime, and the victim was injured by an inner structure, knife, knife, knife, etc. which requires approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (Evidence No. 22);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Reasons for sentencing under Article 53 and Article 55(1)3 (see, e.g., Supreme Court Decision 201Da11448, Apr. 2, 201) of the Criminal Act (see

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

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be one year or four years in the event that the result of an injury resulting from the minor injury or negligence (the person subject to special sentencing] of the category 1 (the general robbery), but the result of an injury or injury was caused by the minor injury or negligence, but the basic crime was committed in the number of years (the scope of the recommended punishment];

3. The crime of this case by which the sentence of sentence is to be sentenced is to be committed against an innocent victim who forcibly withdraws from the property, and thereby, inflicted an injury on the victim resisting it, and the crime is to be bad and criminal, and the victim has a heavy mental impulse, and it is difficult to lead a daily life until now.