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(영문) 부산지방법원 2014.04.25 2014고합64
강도상해
Text

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

Seized kackers (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On January 17, 2014, at around 02:35, the Defendant: (a) at the “E convenience store” where the victim D(74 years of age) in Busan, U.S., U.S., working as an employee; (b) by taking advantage of the gap in which the victim d's convenience points are arranged, the Defendant d's head was frighting one in the display room; and (c) threatened the victim with a knife with a knife (22cc in total length, 8cc in knife length) with a deadly weapon (8cc in knife length) purchased in advance; (d) however, the Defendant was unable to forcibly take money due to the removal of the victim and the customer, and caused the injury, such as the knife of the head life and the back part of the back part where the number of days of treatment can not be known, and caused the injury by the assault.

As a result, the defendant, while carrying a deadly weapon, voluntarily withdrawn the victim's property, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Place of the offender and each investigation report (verification of attachment, etc. of criminal implements, crime video, etc., and whether the victim submitted a written diagnosis of injury to the victim, etc.);

1. Application of existing Acts and subordinate statutes of kacker knife (No. 1) seized;

1. Article 337 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The defendant and his defense counsel asserts that the defendant had a state of mental disability under the influence of alcohol at the time of the crime of this case.

In light of the records of this case, the defendant could be found to have served to a certain extent at the time of committing the crime of this case. However, as seen in the video of the crime of this case, in light of the circumstances leading up to the crime of this case, the method and circumstances before and after the crime of this case, etc., the defendant will change the objects at the time of committing the crime of this case.

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