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(영문) 의정부지방법원 2018.10.19 2018고합278
강도상해
Text

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

Reasons

Punishment of the crime

To the extent that it does not infringe on the defendant's defense right, the phrases of the facts charged were partly revised.

On July 11, 2018, the Defendant found the victim C (60 cm) who was satisfing home at India at the time of Pakistan B on July 23:02, 2018. In order to raise living expenses, the Defendant satisfing the victim’s bags (hereinafter “catum”) satisfing on both shoulders.

The Defendant, following the victim’s back, prevented the victim from suffering from his left hand, and told him as “inductly, tax base, etc.,” and left him, followed by his hand, deemed the victim to have been faced with the shoulder. However, the victim resisted the Defendant’s left hand and resisted the Defendant’s head three times.

Accordingly, after the victim called "the time to pay money", the victim provided cash of KRW 70,00 in a mobile phone case located in the bank, and the defendant fleded with this.

Defendant

In full view of the statements of the victim's investigative agency, it acknowledged the fact of taking specific lectures differently from the facts charged.

As a result, the defendant took property by assaulting and threatening the victim, and suffered bodily harm, such as the damage of 2 feet, which is necessary for the victim's treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to damaged parts of photographs, diagnostic certificates, and medical treatment records;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (the favorable circumstances among the grounds for sentencing) of the Criminal Act (the grounds for sentencing);

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

2. Three to seven years (the scope of recommended sentences compared to the applicable sentences) from six months to seven years from the date of application of the sentencing guidelines (the scope of recommended sentences), in cases where the result of injury occurs, there is no type (the general robbery) (the person subject to special sentencing) (the scope of recommended sentences).

3. The defendant who has rendered a sentence of sentence shall do so at night.

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