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(영문) 광주지방법원 2016.08.26 2016고합244
강도상해
Text

A defendant shall be punished by imprisonment for nine years.

Reasons

Punishment of the crime

[criminal record] On March 13, 2003, the Defendant was released on February 28, 2014, and the remaining term of imprisonment was expired on July 31, 2015, while he was sentenced to 12 years of imprisonment for murder, etc. by the Busan High Court.

[2] In order to raise living expenses, such as housing expenses, the Defendant committed a crime with mind to steals another person’s property, and committed a building with a view to “D” boundary located in Gwangju-gu Gwangju-dong, Gwangju-gu, around July 3, 2016. The Defendant: (a) saw a rooftop door, which was set up in the construction site adjacent to the building, to be set up on the rooftop of the building; and (b) went off from the building site to the door door, which was set up on the rooftop of the building; and (c) 2th floor down through stairs, the Defendant invadeds the victim E ( South, 68 years old)’s house.

At that time, the victim E, who did not extract from her house where she had a human string, was able to oppose the defendant, and the victim F (M, 72 years of age) who was the denied victim F (M, 72 years of age), was able to prevent the defendant from escaping, and the defendant was unable to resist by taking away from she was able to do so from her head and arms of the victim E, the part of the victim E, and the part of the victim F when she sold her.

After that, the defendant paid money to the above victims.

“In addition, the victim E-owned cash 50,000 won was deducted, and the victim E suffered injury, i.e., double fluencing dubs that require approximately nine weeks of treatment, and double dubsing dubs that require approximately six weeks of treatment to the victim F.

Accordingly, the defendant took the victim E's property and inflicted an injury on the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. On-site reports, on-site photographs, notification of the results of genetic appraisal, response to requests for appraisal, investigation reports (the confirmation of suspect's belongings and clothes);

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Specific violent crimes, i.e. aggravated repeated crimes.

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