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(영문) 서울중앙지방법원 2020.01.09 2019고합753
강도상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The facts charged of robbery and bodily injury are included in the facts charged, and in light of the progress of the trial of this case, there is no concern about the disadvantage of the defendant to exercise his right of defense even if this is recognized, and therefore, the facts charged of larceny and bodily injury are recognized without the amendment of the indictment procedure.

1. On September 1, 2019, around 12:57, the Defendant stated “13:30 in the indictment.” However, according to CCTV around the instant site, the Defendant appears to have recorded the time when the Defendant inflicted bodily injury on the victim. According to CCTV around the instant site, at around 12:57, the Defendant’s surface of red fingers with red fingers is confirmed (70 pages of the evidence record), and the Defendant’s surface from the upper spots operated by the victim is verified (70 pages of the evidence record). Thus, the Defendant partly revised the facts charged without the amendment of the indictment to the extent that it does not disadvantage the Defendant

At the upper point of "D' for the operation of the victim C in Jongno-gu Seoul Metropolitan Government B and the second floor, the victim's market price in the display place using the gaps in which the victim is responding to the defendant's daily behaviors was placed in the 3.50,000 won of the market price of the victim's possession and stolen it.

2. On September 1, 2019, at around 13:30 on September 1, 2019, the injured Defendant: (a) discovered the victim’s arms from a place specified in paragraph (1) and added them to the victim; and (b) carried out an open top part of the arms that requires approximately 10 days’ treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Investigation reports (Attachment of photographs of damaged objects), investigation reports ( telephone conversations of witnesses) and investigation reports (investigation into CCTV images at the site of the incident);

1. A criminal investigation report (Submission of a medical certificate of injury), and a criminal investigation report (victim's body photograph);

1. Application of CD image Acts and subordinate statutes

1. Relevant Article 329 of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment), the choice of punishment for the crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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