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(영문) 창원지방법원 2016.06.02 2016고합33

강도상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is between the victim C (35 years) and about two years, and the defendant was friendly.

On May 21, 2013, the Defendant came to know that, around 20:40 on May 21, 2013, the Defendant, who was unable to communicate with the E-art in Changwon-si, a member of Changwon-si, would drink as soon as possible, and that, while moving the victim and the creative source to drink again, the Defendant came to know that the Defendant was putting about KRW 170,000 in cash, which was 170,000,000,000,000,000 won.

On the other hand, on November 12, 2012, the Defendant issued a summary order of KRW 3 million as a crime of fraud, etc. in the Daegu District Court Kimcheon support on November 12, 2012, and received notice to pay a fine of KRW 2.9 million thereafter, the Defendant was in need of money for the payment of a fine.

On May 22, 2013, the Defendant, at around 03:20 on May 22, 2013, 2013, locked together with the victim at an artificial park office underground of the Flag Office of Changwon-si where the victim is working, in order to steal the cash located in the victim’s money, and attempted to remove the victim’s knife with the industrial knife, which is a deadly weapon, in order to cut off the cash located in the victim’s knife of the victim’s money. After that, the Defendant escaped when the victim was found to have committed a crime against the locking.

Accordingly, the Defendant carried a deadly weapon industrial knife, and attempted to steal cash from the injured person.

Summary of Evidence

1. Partial statement of the defendant;

1. C Witness’s testimony;

1. Statement made by the police with regard to C;

1. Application of statutes on records of seizure and lists of seizure;

1. Articles 342, 331 (2) and 331 (1) of the Criminal Act (the point of attempted special larceny) concerning criminal facts;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Application of the sentencing guidelines [the type of determination] thief, theft against general property, theft against general property (the type No. 3) (the person who is in special sentencing).