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(영문) 수원지방법원 안산지원 2013.09.27 2013고합218
강도상해
Text

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

Reasons

Punishment of the crime

On July 16, 2013, the Defendant: (a) at the entrance of the J apartment complex in Ansan-si, the Defendant: (b) cut off the victim K (n, 28 years old); (c) followed the victim K (n, 28 years old); (d) obstructed the victim from suffering; and (e) obstructed the victim from suffering from the victim’s own damage; and (e) obstructed the victim from resisting the victim’s chest, having the victim resisting the upper upper part of the chest; and (e) prevented the victim from resisting the victim by getting the victim to go beyond the floor; and (e) caused the victim’s cellular phone (three-gal gallon) with the market value of KRW 1 million, the victim’s market value at which he owns, deducted the victim from about two weeks, thereby causing the victim to inflict an injury, such as the salknite’s salt and tension, etc. for two weeks of treatment.

Accordingly, the defendant took the property of the victim and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Nos. 2, 3, and 4 of the defendant's interrogation protocol for each prosecutor's office and police interrogation protocol for the defendant;

1. Statement of the victim to K in the prosecution;

1. Each police protocol of statement against L/K;

1. An investigation report (report on the statement of victim's currency);

1. Summary statement of the accused;

1. Protocols of seizure (proposed submission), list of seizure (Order No. 10 of the evidence list of prosecutors), and voluntary submission;

1. Application of the Acts and subordinate statutes to the damaged party photograph, photograph of the scene of the crime, the injury diagnosis document, the investigation report (CCTV verification - the suspect moving route), the photograph of the suspect moving route, the photograph of seized articles, and the investigation report (the degree of injury to the victim);

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

1. Determination on the assertion of the defendant and his/her defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The Defendant’s summary of the assertion was in a state of mental disability due to excessive drinking at the time of stopping the crime as indicated in the judgment.

2. According to the records of this case, it is recognized that the defendant had drinking alcohol at the defendant's house before the crime of this case is committed, but on the other hand, it is proved as evidence of guilt.

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