(영문) 인천지방법원 부천지원 2012.11.23 2012고합344

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(영문) 인천지방법원 부천지원 2012.11.23 2012고합344

강도상해

Text

A defendant shall be punished by imprisonment for five years.

A seized kacker (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On September 26, 2012, at around 22:41, the Defendant tried to take money and valuables in contact with the victim’s knife in the part of the part of the victim’s knife (14cm, 6.5cm in knife length) that he had been prepared in advance from the victim’s house E at Kimpo-si, Kimpo-si, Kimpo-si, and then danced on the part of the victim’s knife “in the part of the victim’s knife,” but the victim tolds the victim as “in the part of the victim’s knife, but the victim knife and knife the victim’s knife, the victim knife knife knife knife knife knife knife knife knife knife knife, and did not commit it.

As a result, the defendant strongly withdrawn money from the victim with a knife, which is a dangerous thing, the defendant suffered bodily injury such as the vegetable pathy of 2 balance, which requires approximately 6 weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Each photograph (the photograph of the victim who has been taken at the emergency room of the relevant article seized, the photograph of the site of seizure, and the photograph of the upper part of the victim);

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of applicable sentences] : (a) 3 years and 6 months to 15 years [the determination of a sentence] ; (b) 2 types [Special Robbery] : In the event that the result of injury was caused; (c) 4 years to 7 years (the scope of amended recommendations ] in the event that the result of injury was committed but the basic crime was committed on attempted crimes (the scope of revised recommendations ; (d) 4 years to 3 years in the event that the defendant was sentenced to a suspended sentence for 2 years and 6 months due to a special robbery; and (e) the victim committed the instant crime while the appellate trial was pending.

참조조문

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