(영문) 대전지방법원 2016.09.23 2016고합295

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(영문) 대전지방법원 2016.09.23 2016고합295

강도상해

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

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

Reasons

Punishment of the crime

On July 2016, when the Defendant was suffering from the economic difficulties, the Defendant tried to take the property of the victim C (the 54 years old) who was a restaurant in which he had worked for the past as his employee, and planned to have the victim open the entrance, and to deduct the property from the value of the property.

According to this plan, the defendant is called the restaurant of the victim around 20:09 on July 15, 2016, which is the day before the crime was committed, and "a apartment management office" is the apartment management office, and the water is stored at the lower floor.

" and became aware of the victim".

On January 16, 2016, the Defendant: (a) was allowed to visit from the injured party; (b) was contained in the sinylyl chloride vinyl which was a deadly weapon prepared in advance around 08:00, and (c) went to D apartment 1402 when the injured party’s residence.

The defendant added labels to the victim's house, and read "the person who called a fish phone, and opened a door to sandbry and to confirm it on the next floor," and the victim landed about 10 times the head part of the victim's body with the heater, the pre-preparationd net, and sought to cut off the property after suppressing the resistance, but the victim did not go against the wind to resist.

The Defendant carried a deadly weapon with the victim's property, and led the victim to a strong withdrawal of the victim's property, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to on-site photographs and transport reports;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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. The scope of applicable sentences under the law: Imprisonment with prison labor from three years and six months to six months.

참조조문

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