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(영문) 창원지방법원 진주지원 2012.12.14 2012고합153

강도상해

Text

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

Reasons

Punishment of the crime

At around 12:20 on September 15, 2012, when the Defendant knew that there was money to the victim's part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part of his part.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A report on seizure, a list of seizure and a report on the actual situation;

1. Each report on investigation;

1. On-site photographs, damaged photographs, suspect photographs, etc.;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to written appraisal;

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

1. As to the Defendant’s assertion of the favorable circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds), it is alleged that the Defendant had been in the state of mental or physical disability or mental or physical disability while under the influence of alcohol at the time of committing the instant crime. As such, it is recognized that the Defendant was in the state of mental or physical disability before committing the instant crime, but there was no ability to discern things or make decisions at the time of committing the instant crime.

The above assertion cannot be accepted as it seems to be in a state or weak condition.

The reason for sentencing is that the crime of this case was committed by the defendant while taking money against the aged victim by force, and the crime of this case was committed in bad character and character.

However, the fact that the defendant has no criminal record of a fine or heavier, the fact that the defendant reflects his/her fault, etc. shall be considered as favorable to the defendant, and other defendants.