logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.01.18 2017고합550
강도상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On August 15, 2017, at around 03:30 on August 15, 2017, the Defendant opened the gates and the rears of the above residential area, which were not set up in the dwelling area of the victim D (n, 75 years of age) in Suwon-si, Suwon-si, Suwon-si, and entered in order, and the victim who was in the dwelling area was broken out from lock.

“Chicker,” which is a dangerous object on his/her string, collected the upper part (No. 1, 13 cm in length, 23 cm in total) and “defens the victim’s chest,” and subsequently, threatened the victim with continuing to sit up on his/her chest, with the victim’s chest, with the victim’s sound going against the victim’s right-hand fingers on his/her string of treatment days, such as passing the day by hand, and passing the sound on his/her right-hand fingers.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Investigative reports (to hear statements from witnesses);

1. A protocol of seizure and a list of seizure;

1. Application of emergency records-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Reduction: The defendant and his/her defense counsel held that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of committing a crime, as to the assertion of mental and physical weakness under Articles 53 and 55(1)3 (the conditions favorable to the grounds for sentencing as set forth below) of the Criminal Act;

Therefore, according to the above evidence, it is acknowledged that the defendant performed an contingent act that is difficult to understand as a normal accident after drinking alcohol to a certain extent at the time of the crime of this case. However, the defendant's view that the defendant dysing from drinking after drinking alcohol is around 00:30, and the view that the defendant committed the crime of this case is around 03:30, and there is a considerable difference in the view that the time of committing the crime of this case going into the house after riding a taxi, and the defendant is memorying to some extent at the time of the crime of this case, etc., the ability or decision-making ability to discern things is possible.

arrow