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(영문) 인천지방법원 2015.05.01 2015고합108
강도상해
Text

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

Reasons

Punishment of the crime

On February 21, 2015, at around 00:18, the Defendant had a mind to forcibly take money and valuables against the players to raise a living cost due to the absence of a certain occupation, and around 15:20:2,00,000,000,000,000 from the end of the Incheon Gyeyang-gu Operation Dong, Incheon Gyeyang-gu, and followed the victim C (57 years of age) under the influence of alcohol on the road side of the Bloddraddrad Brick, sealed the victim's parts such as the victim's et al. to close it over the floor, and lost the victim's head by walking the victim's head at one time, so that the victim cannot resist against the victim, and caused the victim to take off cash 60,000 won, credit card, one resident registration certificate, one driver's license, and the back number of days of treatment and the back of the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about C (victim);

1. On-site photographs of the case, and photographs of the body part of the victim;

1. Application of Acts and subordinate statutes confirming the fact of treatment;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences: Imprisonment for a period of three years and six months to fifteen years;

2. Reduction elements of types 1 (general robbery): In cases where the result of an injury resulting from robbery occurs, the mitigated element of the sentencing criteria: In cases where the intent of taking advantage of money and valuables in a minor amount is intended, a serious anti-aggravated element: A serious anti-aggravated factor that does not constitute a repeated offense: (a) the mitigated area of the punishment [the scope of recommending punishment] mitigated area: Two to four years (the scope of corrected recommended punishment) imprisonment with prison labor for a term of three years (the scope of corrected recommended punishment) from six months to four years (the application of the lowest sentence of punishment under law).

3. Determination of sentence: Imprisonment with prison labor for three years and six months, the Defendant has been punished several times due to theft, robbery, and violent crimes, etc. even before committing the instant crime, in particular.

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