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(영문) 창원지방법원 마산지원 2013.06.05 2013고합22
강도상해
Text

A defendant shall be punished by imprisonment for four years.

One (Evidence No. 3), excessive one (Evidence No. 4), and law0.

Reasons

Punishment of the crime

In order to reduce living expenses due to the absence of a certain occupation, the Defendant was willing to take money and valuables from the victim C (Woo, 71) (Woo, 11.5cm in blade, 10cm in knife, 2.5cm in length) and the transition (11.5cm in knife, 10cm in knife), which is an object dangerous to the bank, in advance, in order to avoid living expenses.

On March 19, 2013, around 22:30 on March 19, 2013, the Defendant presented to the victim, who entered the E, operated by the victim in Changwon-si Mhappo-si D, the type and quantity of tobacco, stating the type and quantity of tobacco in advance, and said the victim said the “tobaccori-si” to the victim.

The Defendant continued to find tobacco at the display stand and used the part of the victim's head in three times, which is a dangerous object that the victim had been in his possession on the calculation stand, and brought about 1 Alley tobacco and 300 won in the market price owned by the victim, and brought about 5,300 won in the victim's market price.

As a result, the defendant took the victim's property by taking the victim's property and suffered two-day medical care for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of the Acts and subordinate statutes to photographs of the upper part and personal effects, photographs of seized articles, pictures of appraisal, commission and replys;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victim;

1. Three years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] and the scope of the recommended sentence [where the result of injury occurs among the robbery crime groups, there shall be no type 2 (Special Robbery) (the scope of the recommended sentence] (the scope of the recommended sentence] from 4 to 7 years (basic area).

3. Sentence;

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