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(영문) 울산지방법원 2012.12.14 2012고합299
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 10, 2012, around 14:55, the Defendant found out the victim D (the age of 31) located in Ulsan-gu C, Ulsan-gu, in front of the collection of the victim D (the age of 31). In mind, the Defendant discovered out any thing inside the house, attempted to steals money and valuables, and invaded the windows into the house.

When the defendant was discovered to the victim who was entering the house, and confirmed by opening a sprink which was located above the display house, the defendant went out of the house.

During the escape, the Defendant, at a point 500 meters away from the victim’s house, carried the hack pipe that was located therein for the purpose of evading arrest of the victim by putting the victim a hacker, followed by once the victim’s left side bridge, and caused the victim’s injury, such as a hackter, etc., on the left side of the bridge, which requires six weeks of medical treatment.

As a result, the defendant attempted to steals the victim's property, and inflicted an injury on the victim for the purpose of evading arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Seizure records;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act and Articles 337, 335, and 333 of the Criminal Act concerning the choice of punishment;

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. The scope of applicable sentences: Imprisonment for a period of three years and six months to fifteen years;

2. In the event that the result of robbery, injury, or robbery in the application of the sentencing guidelines has occurred (determination of types), robbery (special mitigation) group, and the result of general robbery (special mitigation) and the result of injury has occurred, but the basic crime is committed an attempted crime (a person under general supervision) even though the result of an injury was committed, (a person under general supervision) reflects the serious reflect of a larceny criminal conviction (a person under general mitigation) for less than 10 years after the completion of the execution (a person under general mitigation) [a mitigated sentence] mitigation area, three years and six months from six months to four years from the imprisonment (a person under special mitigation is set at the lower limit of the applicable sentence

3. Sentence;

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