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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
On September 4, 2017, the Defendant found the victim D(56 years of age) who returned home under the influence of alcohol and followed the victim in Changwon-si, Changwon-si C around 02:20.
At around 02:42 on the same day, the Defendant was in front of the victim’s house located in the Mapo-si E apartment complex in Changwon-si, Changwon-si, the Defendant obstructed the victim’s room with a bad hand, strokeed the victim’s strokes over the floor, strokes the victim’s body, and prevents the victim’s body from resisting.
After that, the Defendant, at the victim's home, deducted 10,000 won in cash, which is the victim's possession, and inflicted an injury on the victim, such as climatic salt, tensions, etc. that require approximately two weeks of treatment.
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. Statement made by the police against D;
1. A report on the results of field identification;
1. On-site photographs;
1. A medical certificate;
1. Application of seizure records, protocol of seizure, and statutes concerning the list of seizure;
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 following grounds for sentencing)
1. Scope of applicable sentences under Acts: Imprisonment for not less than three years and six months to 15 years; and
2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] and the scope of the recommended punishment [the scope of the recommended punishment] under the category 1 (the general robbery) (the person subject to special sentencing] is nonexistent (the scope of the recommended punishment], the basic area of the punishment, three years to seven years [the scope of the corrected punishment], three years and six months to seven years (the lowest limit of the recommended punishment according to the sentencing guidelines is lower than the statutory minimum limit of the applicable punishment, so the lowest limit of the recommended punishment according to the sentencing guidelines is set at the statutory applicable sentencing range).
3. The crime of this case in which the sentence of sentence was determined is the case where a woman who gets married at night is forced to take away money and valuables by suppressing resistance and clading an injury, and the responsibility for the crime is heavy.
The defendant was in the period of parole after the execution of punishment for the same crime.