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(영문) 서울남부지방법원 2017.02.16 2016고합440
강도상해
Text

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

Reasons

Punishment of the crime

around 03:30 on July 7, 2016, at around 03:00 to 04:06, the Defendant was released from the victim E (W, 46 years of age) at “D” 6th floor in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, about KRW 110,00,000, cash, which was owned by the victim in the so-called "Seaeaeaeaeb".

The defendant shall use the victim “a dyke.”

“For the purpose of evading the arrest of the Defendant on the street, the victim gets the victim to walk her body flick at one time with a string of the body of the victim so that the victim exceeded the floor, thereby making the victim go beyond approximately two weeks to the left-hand gate and the left-hand gate bed.

Accordingly, the Defendant inflicted an injury on the victim for the purpose of stealing the victim's property and evading arrest.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. A tag or a medical certificate of injury in which the damaged thing was included;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of seized articles), investigation reports (to hear statements by telephone related to the treatment of injury to a victim);

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

1. Determination as to the Defendant and his/her defense counsel’s assertion under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2,

1. The injury suffered by the victim of the gist of the claim is minor and naturally cured, and thus cannot be deemed as an injury to the crime of robbery.

2. In light of the following circumstances, which can be recognized by the evidence as seen earlier, it is difficult to view that the Defendant’s injury was extremely limited to the victim’s injury, and thus, it is difficult to view that there is no need to treat the victim as being naturally cured and there is no hindrance in daily life.

It may be sufficiently recognized that the defendant has inflicted an injury on the victim in the crime of robbery.

(1) A victim shall be a victim to an investigative agency around July 16, 2016.

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