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(영문) 서울서부지방법원 2016.01.27 2015고합326

강도치상

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On August 18, 2015, around 02:07, the Defendant discovered the victim E (influence, 48 years of age) from the frontway in Yongsan-gu Seoul, Yongsan-gu, Seoul, and followed the victim by getting the victim away from the victim.

At around 02:30 on the same day, the Defendant got in front of the F apartment of Yongsan-gu Seoul, Yongsan-gu, Seoul, 209, and got off the victim's door, who was faced with the victim's left arms in front of the other victim's back, and kid up the victim's door, and gets out of the victim's door, and gets out of the victim's door, and gets out of the victim's door, and gets out of the victim's door, 3 meters away from the victim's door, and rash the victim's resistance.

As a result, the Defendant took money and valuables equivalent to KRW 470,00,000, KRW 10,000,000, KRW 300,000,000, market price of KRW 300,000,000, and 10,000,000, and 300,000,000, and 970,000,000, and 100,000,000 won, which are owned by the victim. The Defendant took money and valuables from KRW 470,00,00,00, and 33 weeks,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Investigation report (to hear statements from victims E);

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. Application of Acts and subordinate statutes to field pharmaceutical maps and CCTV data;

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

1. The Defendant and the defense counsel’s argument regarding the assertion of the Defendant and the defense counsel under Articles 53 and 55(1)3 of the Criminal Act for the mitigation of small amount of punishment (see, e.g., taking into account the favorable circumstances among the grounds for sentencing). The Defendant and the defense counsel asserted that the punishment should be mitigated on the ground that the Defendant was in a state of mental and physical weakness by drinking while

However, the following circumstances, which can be recognized by the evidence duly adopted and investigated by this Court, i.e., the defendant discovered the victim and about about 20 minutes, on the road for the victim.