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(영문) 서울북부지방법원 2017.03.24 2016고합594

강도상해

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

On October 8, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. at the Seoul Northern District Court on Seoul Northern District on November 8, 2015 and completed the execution of the sentence on November 23, 2016.

While the Defendant was working in the gas station, and was under financial pressure, the Defendant was willing to take money and valuables in the Chinese-style Smarket, prepared the beer knife (15 cm in total length, 6 cm in length) which is a deadly weapon, and displayed the object of the crime.

On December 20, 2016, the Defendant, around 23:03, entered the Victim D (69) operated by Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as “E Scer”) to the “E Scer” customer, and then knife the Defendant knife with the victim with the knife “inyl chloride.”

It is not detrimental to the face value of money.

“Intimidating the resistance,” the Defendant took 50,00 won in cash owned by the victim at the Treasury, and the victim continued to take care of approximately three weeks in the face of the victim of the Nasar in order to escape out of Schlage.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Each protocol of seizure (for example, 8,18);

1. A medical certificate;

1. Each photograph (referring to 5,9,14 each time a year);

1. Previous convictions in judgment: Application of Acts and subordinate statutes on inquiry, replys to inquiries and current status of personal confinements;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Imprisonment with prison labor for a period of three years and six months from June to June 22;

2. Four to seven years of imprisonment with prison labor for the scope of the recommended punishment (in cases where the result of an injury to a special robbery occurs, the basic area);

3. The crime of this case committed by the Defendant by intrusioning upon the Schlage operated by the Defendant, taking money and valuables into force by threatening the knife, and committing the act of inflicting bodily injury such as displaying the knife in the face of the victim who is out of the Schlage in the process.