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(영문) 창원지방법원 2015.07.02 2015고합134

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 23:58 on May 19, 2015, the Defendant discovered the victim D (the age of 46) of the mixed return home, and followed by the female, the Defendant got up the victim’s right shouldered in the front of the elevator, but the Defendant became up to the victim in the process of coming up with approximately 5-6 meters of the size of 5-6 meters away from the walled bank and bringing up the bank to the above end.

Accordingly, the Defendant took care of the 170,000 won in cash owned by the victim and 2.60,000 won in the market price and 1,060,000 won in the market price, which includes one identification card, and suffered injury, such as two cerebral finites, which require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. A written appraisal commission, each seizure protocol, and application of each Act and subordinate statutes to each photograph;

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

2. Application of the sentencing criteria [subject to a crime] the crime of causing bodily injury by robbery] the crime of causing robbery (determination of types), the robbery group, and the result of bodily injury: Type 1 (General Robbery): Reduction elements of punishment: No person in charge of punishment, increased factors: [no person in charge of recommendation area and scope of recommended punishment] mitigation area, two years to four years.

3. Determination of sentence: Imprisonment with prison labor for a period of three years and six months, and the defendant was forced to go home at night and suffered injury, such as cerebral rheat, etc., to the victim at late night, and the nature of the crime is not very good;

The victim appears to have caused serious fear due to the instant crime, and the degree of injury is also serious, such as the victim’s loss of mind by going beyond the process and the victim was suffering from the head’s wound.

However, the defendant.