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(영문) 대구지방법원 2013.11.22 2013고합306
강도상해등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. On June 1, 2013, the Defendant suffered from robbery: (a) around 23:00, at the front of the “D” store located in Daegu-gu Dong-gu, Daegu-gu, the Defendant confirmed whether the above store’s door was well locked; and (b) left the victim E (0 years of age 56) and forced the victim to go beyond the victim; and (c) attempted to let the victim go up with both hand, but the victim tried to go up with the shoulder on his shoulder; (d) however, the Defendant continued to go up to the floor and let the victim go up with the above bank by getting the victim go up with 2 to 3 times, and forced the victim to go up with the head part on the floor; and (e) forced the victim to go up the above bank.

However, the victim did not know about the wind of the victim's children who had been faced by sound and resistance, but did not bring about the intent to commit the attempted crime. During that process, the victim suffered approximately two weeks of medical treatment, such as salt, tension, and streke of the bones of strell, streke, and streke.

2. On June 26, 2013, around 00:43, the Defendant stolen, on the road in front of the Daegu Dong-gu, Daegu, the Defendant 12,00 won in cash, 2/1,000 in cash, 2/2, credit card 2, 4, 4, and resident registration certificates, etc., the victim’s market price in which the victim’s G (n, 39 years of age) was shouldered on the shoulder, by hand, cut off.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The police statement concerning G;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (STV verification, attachment of CCTV photographs, photographs, diagnostic notes, etc. before committing the crime, and attachment of video data);

1. Relevant Article 337 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment for the crime of causing serious robbery)

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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