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(영문) 전주지방법원 군산지원 2014.09.30 2014고합132
강도상해
Text

A defendant shall be punished by imprisonment for four years.

The seized knife (No. 6) shall be confiscated.

Reasons

Punishment of the crime

On September 2013, the defendant entered the country as a foreigner of Chinese nationality in the capacity of visiting employment (H-2) and is working in Si/Gunsan City C.

The Defendant had a large amount of expenditure due to alcohol, tobacco value, etc., asked women to take money and valuables, asked the scene in advance, and purchased a deadly weapon to be used for committing a crime in marina located in a place where the residence is located.

On August 3, 2014, at around 17:28, the Defendant, in front of the military bus terminal that was located in the Simsan Sea-ro 18 on August 17:28, 2014, left the terminal to the right shoulder, she discovered the victim E (the age of 19) and followed approximately 200 meters.

At around 17:30 of the same day, the Defendant followed the victim and tried to cut off the victim's shoulder by putting the victim's shoulder back in front of the border dong point of Yasan-ro 6, Gyeongsan-ro, Gyeongsan-ro, and then cut off the bank. However, the victim saws a knife (total length 34 cm, 21 cm, 6 cm in length, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

As a result, the defendant strongly withdrawn the victim's property and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Seizure protocol (No. 135 pages of investigation records);

1. Each CCTV photograph and each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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 grounds for sentencing under Article 48(1)1 of the Criminal Act for confiscation [the scope of applicable sentences] 3 years and 6 months to 15 years (the decision of a sentence ] from the robbery crime group are special robbery of category 2.

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