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(영문) 수원지방법원 여주지원 2018.07.05 2018고합10
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

One knife (knife No. 1) and one knife (knife No. 2) respectively.

Reasons

Punishment of the crime

On January 2018, the Defendant became aware of the victim D (V, 50 years of age) who works as a restaurant employee while eating at the “C” restaurant located in Ischeon-si B.

around 02:00 on February 17, 2018, the Defendant: (a) stolen approximately KRW 4.50,000 in cash of the Defendant from E E’s place of residence in Ischeon-si, E’s place of residence; (b)

I think the victim is unfortunateed and unfortunately, so that the victim is faced with face in the bed while the victim goes beyond the floor, and the victim was faced with approximately one week open room for treatment.

The Defendant continued to use a kitchen knife (21cm in length) which is a dangerous article with another hand, with one hand listed above the body of the victim, and threatened the victim with the face of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of D;

1. Statement made by the police and the prosecution in D;

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

1. Statement of opinion;

1. Application of the Acts and subordinate statutes on CDs of seized articles, photographs of each site, photographs of damaged parts, and CCTV images of the E-public notice;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act (special intimidation, choice of punishment by imprisonment), and Article 257(1) of the Criminal Act (the point of injury and the choice of punishment by imprisonment) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavy injury) shall be imposed for concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Scope of the recommended sentences according to the sentencing criteria;

A. There is no type 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) (the scope of recommending punishment) of the crime of intimidation (the basic area) (the scope of recommending punishment) from June to June (the basic area)

(b) Class 1 (General Sentencing) (person with special sentencing): Minor injury (the scope of recommended punishment) from 2 months to 1 year (the scope of mitigated punishment).

(c) Application of standards for handling multiple crimes:

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