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(영문) 대구지방법원 서부지원 2012.04.19 2012고합113
강도상해
Text

A defendant shall be punished by imprisonment for seven years.

A knife knife knife knife knife knife 7cm in length, No. 3.

Reasons

Punishment of the crime

[Criminal Power] On March 24, 2010, the Defendant was sentenced to two years of imprisonment for robbery at the Daegu District Court, and the execution of the sentence was completed on January 2, 2012 by the Daegu Prison.

【Criminal Facts】

At around 03:55 on March 7, 2012, the Defendant discovered that the victim D (the age of 52) is mixed with the EF rocketing other car and had the intent to robbery it.

In addition, the Defendant threatened the victim from the above vehicle with an industrial knife (No. 3), which is a deadly weapon of 7 cm in length, on the part of the victim, and threatened the victim “to enter into, and die from, the vehicle.”

The defendant continued to resist and resist the face of the victim, and the victim knife knife knife knife knife knife knife knife.

As a result, the defendant tried to take the victim's property by force, but the victim did not resist his/her intention and did not go against it, and the victim suffered bodily injury, such as inside and outside the 14-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D, F, and G;

1. A protocol of seizure and on-site inspection of each police station;

1. With respect to the attachment of each investigation report, on-site search and seizure photographs, unrecognizable parts, attachment of a certificate of injury, attachment of photographs of a suspect, attachment of the suspect's body and body, attachment of identification photographs to the scene and suspect, attachment of identification photographs to the body of the suspect, discovery of deadly weapons used for committing a crime, request for identification of criminal tools, country of seized articles and method of identification;

1. A written diagnosis of injury;

1. Previous records: Application of criminal records, etc. and investigation reports, and Acts and subordinate statutes;

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

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders, and the proviso to Article 42 of the Criminal Act;

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. Confiscation Article 48(1) of the Criminal Act

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