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(영문) 수원지방법원 안산지원 2017.03.16 2016고합306
강도상해등
Text

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

Reasons

Punishment of the crime

On September 14, 2016, 2016, the Defendant: (a) discovered that he/she had a view to taking another person’s property by force in front of the 704 Dong-gu, Ansan-si, Ansan-si and found that he/she passed the 45 years old-gu bank; (b) followed by using stones on the floor where he/she had the her head; and (c) tried to cut off the victim’s head by using stones on the floor where he/she had the her head; (d) but (e) the victim had her face at a time twice again when she had the string and resisted the string of the victim; (e) the victim continued to resist, and (e) the victim had her face at the site where she had no intention to resist.

As a result, the Defendant committed an attempted withdrawal of the victim's property by taking the victim's property, and inflicted an injury on the victim, such as two cases where the victim's treatment period cannot be known.

On September 14, 2016, the Defendant: (a) laid two bricks to cut cash in G cafeteria operated by the Victim F in Ansan-si, Ansan-si; (b) destroyed the entrance door of the said cafeteria; and (c) attempted to remove the correction device by putting the hand in a porous hole; and (d) attempted to remove the correction device, but failed to do so.

Summary of Evidence

"2016 Gohap 306"

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Written opinion, 2016, 323;

1. Statement of the defendant in the second public trial records;

1. A statement prepared by the F;

1. Application of statutes on site photographs;

1. Relevant Article 337 of the Criminal Act and Articles 342 and 331 (1) (the point of attempted special larceny) of the Criminal Act concerning criminal facts, the choice of punishment (the point of robbery, the choice of imprisonment with prison labor), and Articles 342 and 331 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment heavier than the punishment (Provided, That it shall be limited to the sum of the long-term punishments of the above two crimes)];

1. As to the Defendant’s assertion of Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing) of the Act on Reduction of Small Amount, the Defendant’s assertion is determined.

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