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(영문) 인천지방법원 2015.03.19 2014고합816
강도상해
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

The defendant was a person with no certain occupation, and the defendant was faced with a short-term monthly salary and bonus due to the retirement of his/her former job.

On October 30, 2014, at around 22:30, the Defendant found that the victim E (the 79-year-old age) waiting for the bus was cherbing in the state of the influence of alcohol in front of the D, Incheon Gyeyang-gu, Incheon, under the influence of alcohol and the ability to discern things or make decisions.

Therefore, the Defendant: (a) had the victim take a room in which the victim scam and scam the victim scam, and had the victim take the room in which the victim scam, and had the victim take the room in which the victim scam, and had the victim resist the room in which the victim scam scam, and so on; (b) had the aged victim resist the ground floor so that the victim scam, so long as the victim scams the room in which the victim scam scam, the victim refused it; and (c) had the victim resist the room in which the victim scam scamscam, which is equivalent to KRW 500,00,00,000,000,000,000,000,000,000 won

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. Legal statement of witness F;

1. Statement of the police statement of E;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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 on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and nine months to seven years; and

2. The sentencing criteria; and

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