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(영문) 서울남부지방법원 2015.10.16 2015고합323

강도치상

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On August 23, 2015, at around 05:00, the Defendant intruded another person's house while drunk and stolen money and valuables, and took a knife prepared in advance to prepare money, and met the Defendant's house around the house.

At around 05:13 of the same day, the Defendant, who was a deadly weapon with a view to evading the arrest of a shoulderer or destroying a crime, was able to injure the body of the victim (hereinafter referred to as “defluent”) and to escape the victim’s money and goods to be stolen by intrusion into the living room through the windows opened in the house of the victim E (n.e., female, 19 years of age) located in Yangcheon-gu Seoul Metropolitan Government, and then was fluened by the victim, who was diving in the bed in the bed room. However, in the process of melting the victim by having the Defendant’s grandchildren and knife and knife, the victim suffered injury, such as the victim’s hand and knife not having known of the number of days and knife of the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The list of seized articles and photographs thereof;

1. Application of the Acts and subordinate statutes to photograph on the spot photographs and photographs damaged by victims;

1. Article 337 of the Criminal Act and the choice of punishment for the crime, Article 337 of the Criminal Act and the choice of limited imprisonment;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in light of his/her characteristics, since he/she is recognized as a juvenile);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Article 62-2 (1) of the Criminal Act on Probation;

1. Sentencing is a juvenile under the age of 19 at the time of institution of public prosecution for the reason of sentencing under Article 48(1)1 of the Criminal Act, and the sentencing criteria do not apply.

At the same time as that of the new wall.