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(영문) 부산지방법원 동부지원 2016.02.16 2015고합214
강도상해
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On August 23:50 of 2015, the Defendant sent to the victim C (Woo, 67 years of age) who was alone taking a book on the road at the lower half of Busan Shipping Daegu on the road, thereby cutting down the victim's neck by left hand, and assaulting the victim's face, etc. by drinking away from the body of the victim's body.

While the Defendant was behind the victim's money in order to take money back, the Defendant escaped without making a request for rescue and resisting the victim's "suic life," and did not bring about the intent. In addition, the Defendant inflicted an injury, such as cage cage cage fats, etc. on the left-hand side of which the number of days of treatment cannot be known to the victim.

As a result, the Defendant committed an attempted withdrawal of the victim's property, thereby inflicting an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of opinion;

1. Application of the Acts and subordinate statutes of Chapter 30 to the investigation report (Attachment ofCCTV Images) and CCTV images;

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

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

1. Imprisonment with prison labor for not less than three years and not more than 6 months but not more than 15 years;

2. The application of the sentencing guidelines [the type of determination]), robbery, where the result of injury occurs, general robbery (type 1), where the result of injury (the person subject to special aggravation] is vulnerable to the crime (the person subject to special mitigation] (the person subject to special mitigation), where the result of injury occurred, but the basic crime falls short of the number, ② the non-won of punishment [the scope of the recommended punishment] 3 to 4 years (the scope of mitigation area and the lower limit shall be corrected according to the scope of statutory applicable sentences);

3. The Defendant: (a) committed an attempted crime of assaulting another another victim of the aged who was able to take her responsibility at night; (b) assaulting another victim of the same age who was mixed with another person; and (c) coercing his/her resistance; and (d) resulting in injury to the victim by taking money from another victim.

Such a crime is likely to become an unspecified victim in that many and unspecified persons are able to become a high victim.

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