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(영문) 울산지방법원 2015.10.30 2015고합235
강도상해
Text

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

Reasons

Punishment of the crime

On July 14, 2015, at around 05:30 on July 14, 2015, the Defendant: (a) entered the place of residence of the victim D (n, 22 years of age) located in Ulsan-gu C, Ulsan-gu; (b) and concealed the stolen goods from the victim’s room into the string line, which is intended to enter the victim’s room while displaying the stolen goods.

Accordingly, when the victim opens and opens clothes in order to escape from arrest, the victim's face and body was taken to drink the victim's face and body in order to escape arrest, and the victim got about three weeks of treatment.

As a result, the defendant attempted to steal the victim's property, and committed an injury to the victim in order to escape arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (on-site conditions and attachment of identification photographs), internal investigation report (in cases of attaching photographs of victims), internal investigation report (in cases of field scambling and analysis of black boxes of neighboring vehicles), internal investigation report (in cases of searching for and specifying suspect's whereabouts and suspect's identity), investigation report (in cases of attaching photographs of satisfaction of the site and scambing of scams);

1. The application of Acts and subordinate statutes to each photograph, field identification report, and diagnosis report (a document attached to the police statement of D);

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for not less than three years and six months to 15 years;

2. One year or four years from imprisonment with prison labor for simple assault and intimidation (the scope of recommending punishment) to escape arrest, where the result of bodily injury by types 1 (general robbery) (special mitigation) has occurred in the event that the result of bodily injury has occurred in accordance with the sentencing guidelines, but the basic crime is committed in attempted crimes;

3. The crime of this case, the sentence of which is determined, is to enter the victim’s room while the defendant intrudes the victim’s residence and colors the object to be stolen.

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