beta
(영문) 춘천지방법원 2013.04.19 2012고합267

강도상해

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

On November 1, 2012, when the defendant had a weak ability or mind to discern things due to adaptation disorder, the defendant was unable to pay his insurance premium at the defendant's house 302, 406, F apartment house 302, 13:50 on November 1, 2012, and was in mind to raise money by taking another's property by force, and prepared rings (weight 1kg) inside the house, and then cut off to the stairs of the second floor of the above apartment house with the victim.

At around 15:50 on November 1, 2012, the Defendant discovered that the victim E (n, 50 years of age) was trying to board the said elevator on the first floor, and immediately unloaded the stairs depending on the victim, boarding the elevator, boarding the elevator after the victim, boarding the elevator, and leaving the 10th floor of the elevator, while getting off the infant who was immediately possessed by the victim from the elevator and getting off the 10th floor, the Defendant cut down the part of the back water of the victim due to the height of the her head, thereby getting out the part of the back water of the victim.

The Defendant, as above, prevented the victim from resisting against the victim by making several times due to the victim’s breath’s age. The Defendant took the victim’s bank, driver’s license, cash 31,000 won, and she took the victim’s bags, and she took the victim’s breath by taking the victim’s bags, and suffered injury to the victim by taking approximately three weeks of medical treatment, and by taking the victim’s throst that requires two-time medical treatment, and by taking the details of unknown addresses in two open markets, etc.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. A medical certificate;

1. CCTV photographs;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

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

1. The defendant, in the last few years, did not have any friendly relationship with him/her, and is primarily mixed within his/her own room before he/she became aware that he/she did not have any friendly relationship.