beta
(영문) 인천지방법원 2015.01.22 2014고합756

강도상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 29, 2014, at around 21:25, the Defendant: (a) stolen the amount of KRW 45,000 per market price of 1 fluora fluora, which was posted at the display stand of the D store located under the underground floor of the building of the building of the Nam-gu Incheon Metropolitan City; (b) spreaded it to the victim E (the 33 years old), who was discovered at the store of the said store; (c) went away; and (d) went away to the fluor; and (d) again, went back to the fluor for the purpose of evading the arrest of the person who was requested to return the fluor by attaching the fluor to the fluor; (d) cut the fluor of the fluor; (e) cut the fluor’s head by hand; and (e) did assault the fluor’s face and fluoring the fluor’s face by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs taken in distress;

1. Articles 335 and 333 of the Criminal Act applicable to the crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are favorable to the defendant) of the suspended sentence;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The range of recommending punishment according to the sentencing guidelines [the scope of recommending punishment] general criteria for the range of recommending punishment [the range of recommending punishment] shall be one year and six months from six months to three years from imprisonment with prison labor for the simple assault and intimidation, non-compliance with punishment [the punishment by law] for the purpose of evading the arrest of the area of special mitigation (nine months to three years from imprisonment] (the area of special mitigation].

3. The offense of a criminal defendant who assaults the victim in order to escape from the arrest of the victim by theft of another person's property which has been sentenced to punishment by the sentence of sentence, is not against the nature of such offense in itself;

However, the defendant recognized the crime of this case against his mistake, and criminal punishment against the defendant.