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(영문) 대구지방법원 2018.11.02 2018고합284
특정범죄가중처벌등에관한법률위반(강도상해등재범)등
Text

A defendant shall be punished by imprisonment for eight years.

For a person who has requested an attachment order, an electronic tracking device shall be attached for a period of ten years.

Reasons

Criminal facts

On March 20, 191, the defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendant") were sentenced to imprisonment with prison labor for robbery, etc. on March 20, 191; on June 12, 2001, the same court was sentenced to imprisonment with prison labor for robbery, etc.; on November 6, 2008, the court was sentenced to imprisonment with prison labor for ten years for robbery, etc. and completed the execution of the sentence in Daejeon Prison on May 16, 201.

[Criminal facts] On June 19, 2018, around 21:52, the Defendant discovered the Victim C (M, 51 years old) who was returning home in the vicinity of the late end of the Daegu Metropolitan City, Dong-gu, Seoul Special Metropolitan City B, and followed the Victim by his attempt to take care of the Victim.

The Defendant: (a) was unable to prevent the victim from suffering sound by her flaging the victim’s flag by hand on the rear side of the victim, etc.; and (b) was left by the victim, but the victim was her shouldered, but the victim was forced not to have the victim her face, but she went beyond the floor because the victim was forced to have the victim her face off several times by drinking; and (c) the victim she was forced to walk the part of the victim’s face.

The Defendant, who tried to take a bank back from a person suffering from an excessive damage by cutting the bank again, left the bank, but the Defendant did not cut the bank on the wind that the victim did not keep the bank continuously and did not inflict an injury on the victim, such as the inspection of the two elbows on treatment date and the blood transfusion on the part of the victim.

As a result, the defendant was sentenced to a punishment for causing bodily injury by robbery, and again received the victim's property from the victim within 3 years after the execution of the sentence was completed, and the defendant committed an injury to the victim.

[Judgment of the court below in light of the above legal principles, the court below erred by misapprehending the legal principles as to the crime of robbery, and failing to exhaust all necessary deliberations, as otherwise alleged in the ground of appeal. The court below did not err by misapprehending the legal principles as to the crime of robbery. The court below did not err by misapprehending the legal principles as to the crime of robbery.

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