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(영문) 서울북부지방법원 2016.04.01 2015고합330
강도상해
Text

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

Reasons

Punishment of the crime

On October 6, 2015, at around 21:51, the Defendant 21:51, in the “E” Ga, “E” Dondong-gu, Seoul, with female employees, drinked with money, and franchising the drinking value. As such, the Defendant franchising out of the bar with money and valuables taken out of the bar and franchising the drinking value.

At around 22:10 on the same day, the Defendant discovered the Victim G (n, 43 years of age) in front of the F Loans in Gangnam-gu Seoul, Gangnam-gu, and followed the victim. From the moment the victim opened and enters the entrance of his house on the above lending floor, the Defendant left the victim's hand in order to prevent the victim from suffering the handbag, which the victim gets as one hand, and to cut off the handbag, which the victim gets as another hand, but the victim gets faced with the victim's head flick on the wall and the front door by putting the victim's head flick, which would not have become the victim's force.

The Defendant continued to attract the victim into the house, and opened the victim over the entrance of the entrance of the entrance of the entrance, obstructed the victim by leaving the victim's hand on his/her left hand, restrains the victim's resistance, and forcibly took money and valuables, such as handbags of the victim, etc., and attempted to do so, but the Defendant did not go against the wind of the victim, which prevents the victim from his/her own hand over his/her own hand by sound, and did not go to the attempted crime, and caused the victim to go against the wind, such as breaking the victim's left hand, which prevents him/her from his/her own hand over, and thereby, the Defendant did not go to the attempted crime, and caused the victim to take approximately three weeks of medical treatment.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness G;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the police with H;

1. A photograph and opinion of the victim on his/her upper part;

1. Application of the Acts and subordinate statutes on CCTV images for crime prevention in the field, and CCTV images for crime prevention;

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

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing grounds, taking into account the circumstances favorable to the defendant) of the mitigated amount into account.

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