(영문) 대구지방법원 서부지원 2014.07.17 2014고합65

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(영문) 대구지방법원 서부지원 2014.07.17 2014고합65

강도상해

Text

A defendant shall be punished by imprisonment for four years.

A seized grandchild (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 08:20 on May 12, 2014, the Defendant discovered that the victim D (here, 40 years old) in front of the Daegu Seo-gu C vacantter was mixed with handbags and cell phoness and bagbags. On the other handbags (total length, 35 cm, No. 1) against the said victim, the Defendant was able to take the victim’s knbags (total length, 35 cm, No. 1), which are dangerous articles he had, and the Defendant was able to take the victim’s things against the said victim.

Since then, the Defendant followed the victim, while taking the knives of his knives, carried the knives of his knives on the knives of the knives that knives the knives of the knives of the victim, cut the knives of the victim’s right part by leaving the knives of the knives of the knives, thereby cutting the knives of the victim’s knives of the knives, but the victim did not resist the knives of the knives and the knives of the victim’s market value of 750,000 won away from the knives, deducted the knives of the knives of the victim’s market value of 750,000 S-10 smartphones, and inflicted injury on the victim two weeks in open part.

Accordingly, the defendant took the property of the victim and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Police seizure records;

1. An appraisal report, a diagnosis report, and each photograph;

1. Each situation report, and the application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act and Articles 337 and 331 (2) of the Criminal Act concerning the choice of punishment;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than three years and not more than six months but not more than fifteen years;

2. The scope of recommendations according to the sentencing criteria (a decision of type) shall be limited to robbery and the result of injury.

참조조문

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