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(영문) 서울서부지방법원 2015.06.22 2014고합383
강도상해
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[Criminal Power] On June 14, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul East Eastern District Court on September 14, 2013 and completed the execution of the sentence in the original prison on September 14, 2014.

【Criminal Facts】

On December 20, 2014, the Defendant: (a) around 05:30 on December 20, 2014, at the car page operated by the victim E (n, 58 years of age) in Eunpyeong-gu Seoul Metropolitan Government, “I would like to give a baby once I want to do so” to the victim; (b) the victim, depending on the victim who was born at the place in order to open a door, changed the victim’s name to the Defendant’s arm’s length.

Then, the Defendant laid the victim on the floor, laid down the arms of the victim's body, laid down the victim's face on five occasions by drinking, strokeed the victim's face on five occasions by drinking, strokeed the victim's resistance with left hand, and deducted the victim's left hand, and then deducted the back part of the market price equivalent to 10,000 won in the market price where the victim's left hand was strokeed.

The Defendant continued to control the victim’s resistance while suppressing the victim’s body, and then forced the victim to unfold the victim’s boom, thereby getting the victim a booming from the victim’s 500,000 won at the market price.

As a result, the defendant took property equivalent to the total amount of 60,000 won from the victim, and put about two weeks of treatment to the victim, such as scarcitys that require treatment.

Summary of Evidence

1. Legal statement of witness E;

1. Each police statement of E;

1. A victim photograph, investigation report (Attachment of the injury diagnosis report), and inquiry and reply letter;

1. Records of seizure, list of seizure, and photographs of damaged articles;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to the results of the confinement of prisoners, criminal records, etc. inquiry reports, and personal identification and confinement status;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The assertion by the Defendant and his defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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