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(영문) 창원지방법원 2020.01.30 2019고합205
강도치상
Text

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

The excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

At around 02:30 on September 27, 2019, the Defendant stated that the victim C (n, 48 years of age) was able to take a deadly weapon at his residence, and did not correct the transition (24 cm in total length, 15 cm in length) which was behind the living room of the said victim, and did not take corrective measures, that was, the victim was locked in the room during which he opened a house and was in a physical coloring, and opened a visit, the Defendant took up the above transition in the left hand of the knife, and made the victim’s knife the above transition by hand to defend the victim, and the victim’s knife the victim’s knife the victim’s knife by hand. In the process, the victim’s knife is in need of approximately 2 weeks medical treatment, thereby causing the injury of open knife’s wife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. CCTV photographs, photographs of the scene of collecting seized articles, photographs of seized articles, and on-site photographs;

1. On-site identification reports and response to requests for appraisal;

1. Reports on internal investigation (in-depth CCTV analysis and attachment), internal investigation reports (in-depth CCTV analysis and attachment), internal investigation reports (in-house investigation reports and search reports), internal investigation reports (in-house identification of suspects), investigation reports (including accompanying photographs - details of arrest of suspects (in-house arrest of suspects), investigation reports (in-house examination reports by the National Institute of Scientific Investigation

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (C);

1. Article 337 of the Criminal Act and the choice of punishment for the crime, Article 337 of the Criminal Act and the choice of limited imprisonment;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for three years and six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines (decision of types) [the first category] general robbery (special multiple-sponsor] mitigated elements: In the event of bodily injury or bodily injury resulting from minor injury or negligence, but the basic crime is committed in attempted crimes, the recommended range and the recommended range.

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