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(영문) 서울북부지방법원 2013.07.19 2013고합108

강도상해

Text

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

Reasons

Punishment of the crime

When the Defendant lost a large amount of money through Internet gambling, stock investment, etc. and had a large amount of debt, the Defendant was willing to pay money to the Defendant at his own will.

On March 14, 2013, at around 09:28, the Defendant reported that the victim D (year 70) was mixed in the “E” bank operated by Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, the Defendant opened the above gold door and opened the door door using the drone crepans in the street, and prevented the Defendant from resisting the face of the victim who was seated in the seat of the seat in the car gate.

After that, the Defendant: (a) taken off 14 cases female trees located in the said gold exhibition room; (b) took 12 precious metals worth KRW 3,240,000 in the market price, such as five gold bars; (c) two net gold bars; (d) two gold bars; and (e) 12 precious metals worth KRW 3,240,000 in the instant market price; and (e) inflicted injury on the victim, such as the snow pool and open room around the snow that require approximately two weeks of treatment.

Accordingly, the defendant took the property of the victim and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to the victim, F, G, and H;

1. A written statement of the victim;

1. A photograph of the injured part of the victim and a medical certificate;

1. Application of the Acts and subordinate statutes on the criminal place, the occurrence report (Robbery), the internal investigation report, each investigation report, CCTV CDs in the front of the incident, gold-in CCTV images, Defendant account transaction details, and credit card use details

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

1. Determination on the assertion by the defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The defendant and his defense counsel asserted that the defendant had a state of mental suffering from severe depression at the time of the crime of this case.

2. In determining the existence and degree of mental disorder as stipulated in Article 10 of the Criminal Code, expert appraisal must be conducted.