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(영문) 수원지방법원 2015.01.16 2014고합627

강도상해등

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

At around 23:00 on October 5, 2014, the Defendant: (a) discovered the victim D (nick, 18 years of age) who was driven by the bus stop at the bus stop at “Shot Park” bus stops in the Young-gu, Suwon-si, Suwon-si; (b) followed the victim, and followed the victim, who want to take the victim’s goods at any time without any reason; (c) opened the victim by breaking the victim’s human body shoulder on the alleyway; (d) laid down the victim’s head debt at 3:4 times on the floor to prevent the victim from resisting; and (d) laid down the victim’s head debt at 3:6,00 won on the floor; and (e) deducted one female grandchild from the victim’s market price, resident registration certificate; (d) cosmetics; and (e) 14 days of injury to the victim, which requires 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. Second prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. Each investigation report (the sequence 7, 12, 57 in the list of evidence);

1. Application of Acts and subordinate statutes to field photographs, CCTV image screen pictures and other closure photographs;

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

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act ( considered as being favorable for the reasons for sentencing under the following subparagraph);

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order assaulted the victim who was a congested person at late night for the purpose of taking property by force, and the nature of the crime is not good. In light of the fact that the victim could have been physically and mentally shocked due to the crime of this case, the defendant is deemed to have received a considerable amount of shock.