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(영문) 수원지방법원 안양지원 2016.01.08 2015고합157
강도상해
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2015, the Defendant discovered the victim F(45) under the influence of alcohol in front of the E cafeteria located in E cafeteria, and decided to take money and valuables of the victim, and followed the victim.

When the defendant and the above C reached the front way of the victim's residence in G at around 01:25 on the same day, the above C shall report the network next to it, the defendant shall cross the victim's bridge, when he takes care of the victim's face due to drinking and growth, and after suppressing the victim's resistance, 49,000 won in cash from the victim's fats.

They go back.

Accordingly, in collusion with the above C, the defendant took 49,000 won in cash from the injured party, and in the process, the victim took about two weeks of treatment, such as galivium and galivium around snow.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police with F and H;

1. A report on internal investigation (with respect to the explanation of CCTV for crime prevention installed at the site, CCTV reading in the I church, CCTV reading in the vicinity of the site, and J CCTV reading);

1. Investigation report (Attachment of CCTV images for the purpose of use by a suspect, attachment of CCTV images for convenience stores that a suspect has access to, and attachment of CCTV images outside the K sing CCTV images);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions and Articles 337 and 30 of the Criminal Act concerning criminal facts;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences: Imprisonment for one year and nine months to seven years; and

2. Application of the sentencing criteria: Juvenile offenders shall not be applied.

3. Determination of sentence: Imprisonment with prison labor for 2 years, and suspended execution for 4 years, the crimes of this case are committed in collusion with relatives and are committed with assaulting victims and taking property by force.

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