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(영문) 대전지방법원 천안지원 2013.03.13 2013고합15

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 of the final judgment.

Reasons

Punishment of the crime

The Defendant committed the following crimes under the state that he or she lacks the ability to discern things or make decisions by drinking alcohol:

At around 22:40 on December 12, 2012, the Defendant: (a) discovered the victim D (at the age of 21) who was aboard a bus and returned home from the new bus in the Dong-gu, Dong-gu, Chungcheongnam-gu, Dong-gu, Chungcheongnam-gu; (b) and had the female receive money and valuables from him.

On December 12, 2012, the Defendant: (a) around 23:18 on December 23:12, 2012, and (b) around the bus stops in front of the apartment complex E-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon, the Defendant left the bus to the bus and followed the victim, and (c) the Defendant was using a rare place.

around that time, the Defendant discovered that there was no other person in the vicinity of the above apartment No. 105-dong 1-2, and discovered that there was no other person in front of the above apartment No. 105-dong 1-2, and caused the victim to go beyond the floor by forceing the back head of the victim's back by drinking the victim's own drinking, and prevented the victim from suffering the victim's secret by threatening the victim's hand hand, and "the brus and brut damages", but the victim tried to forcibly take the victim's property while threateninging the victim's property. However, the victim continued to "the brut and resist the brut".

As a result, the defendant forced the victim to withdraw property from the victim, and suffered bodily injury, such as salt, tension, spawn, spawn spawn, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Description of the written diagnosis of injury;

1. Application of each of the video Acts and subordinate statutes to photographs of crime scene, victim photographs, and black stuff photographs;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The sentencing under Article 62(1) of the Criminal Act is as follows.