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(영문) 수원지방법원 2017.04.20 2017고합65
강도상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On January 14, 2017, at around 03:42, the injured Defendant suffered injury, such as a d'D' in Suwon-si, Suwon-si, which is called ‘D' in Suwon-si, in the name of ‘D', while intending to look at the cell phone of the victim while she was in a dispute with the victim E (n.e., 48 years of age) and she tried to look at the victim's cell phone. The injured Defendant saw the victim's shoulder with his hand without showing the victim, and divided the victim's shoulder with his/her blue with his/her blue, and caused injury to the victim, such as d'D' inc

2. The Defendant concealed property, at the same time and place as in the preceding paragraph, extracted the victim E’s cell phone from all of the mobile phone and concealed property owned by the victim for about eight hours until the police officer was seized on the same day, by means of cutting off the location of the mobile phone and making it false to the police officer who ask for the location of the mobile phone “be laid off at a water reservoir.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A photograph, or a written diagnosis of injury on the part of the victim's wife;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Application of the Acts and subordinate statutes to photograph CCTV images by capturing them;

1. Relevant legal provisions and choice of punishment concerning facts constituting an offense: Imprisonment with prison labor under Articles 257 (1) and 366 of the Criminal Act and choice of punishment;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Order of community service: The reason for sentencing under Article 62-2 of the Criminal Act;

1. Not more than 10 years of imprisonment with prison labor for the scope of punishment by law;

2. The scope of final sentence according to multiple aggravated crimes in the basic area (such as damage to property, etc.) of category 1 (In April to June) in the basic area (in June) of Category 1 (In June to June) (in June), the basic area (in the case of damage to property, etc.) (in the case of damage to property, etc.) subject to the sentencing guidelines: April to 1 year.

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