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(영문) 의정부지방법원 2019.10.10 2019고합198

강도상해

Text

Defendant shall be punished by imprisonment for a term of four years and six months.

One (No. 1) seized net value shall be confiscated.

Reasons

Punishment of the crime

The Defendant planned to commit robbery against employees as residents of the Hanam-si in Gyeonggi-do and the actual living cost is insufficient, and the Defendant was driving his/her car, driving his/her car, driving his/her car, driving his/her car, and driving his/her car on May 1, 2019.

On June 25, 2019, the Defendant: (a) driven a car at around 02:00 and found the subject of the crime; (b) discovered the drunk victim C (n, 31 years of age) while driving the B B alley in Gu-si, Gyeonggi-do; and (c) attacked the victim with a deadly weapon, which is a deadly weapon in possession of a car (name of the product, 30cm, total length, 30cm, 11cm in length of the net part, 11cm in the net part, and emultan material of the Hague part) and took money and valuables.

Accordingly, at around 02:08 on June 25, 2019, the Defendant taken off the above net fluence and followed the victim. In order to forcibly take money and valuables, the victim’s resistance was forced by suppressing the victim’s resistance, the Defendant sold the part of the victim’s back water back to the part of the victim’s back water. Accordingly, the victim’s play fluor was pushed down with the victim’s hand, and the victim fluoreded down the victim’s body up to 2:3 meters from the front of the front of the nearby house, and 2:3 meters from the front of the back of the nearby house. The Defendant laid down the part of the victim’s body back to around 10 seconds. The Defendant laid down money and valuables by spreading the victim’s blood fluoring into the blood of the victim.

As a result, the defendant carried a deadly weapon with the victim's property, forced withdrawal of the victim's property, and took an open measure for the victim to receive approximately one week medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C and E police statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to photograph on the spot photographs, 112 report processing slips, CCTV images-fashion photographs, chassis, car rental agreement, diagnostic documents, seized objects photographs, and CCTV-faging photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Confiscation.