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(영문) 제주지방법원 2021.01.14 2020고합182
강도치상
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2020, the Defendant parked D freight cars on the street near C elementary school located in the new wall Jeju city, and found the victim E (V, 45 years of age) who embling the shoulder while black the object of the crime.

Around 02:26 on the same day as the Defendant followed the victim, the Defendant cut off the victim’s back immediately from the front of the road near Jeju-si, and 30,000 won in cash, the victim’s possession, and one portable phone charging device with which the market price cannot be known, and one bus charging card.

In the process, in order for the victim to not deduct the bank, the victim suffered injury such as the diversity impairment of head diversatory dynasty (bale and non-loan) that requires approximately two weeks of treatment by moving the victim out of the bottom and moving the victim into the bottom.

Summary of Evidence

1. Application of Acts and subordinate statutes to each general medical certificate of CCTV images in each police statement protocol against the defendant's legal statement E;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (the point of intention) and Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) First th th th th th th th th th th th thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

(b) Class 2 Crimes (Bodily Injury) [Type 1] General Bodily Injury [Special Sentencing Person] Reduction element: Non-won of Punishment [the territory of Recommendation and the scope of Recommendations] mitigated area, imprisonment.

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