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(영문) 전주지방법원 정읍지원 2015.07.01 2015고합17
강도상해
Text

The imprisonment with prison labor for the accused shall be three and a half years and six months.

Reasons

Punishment of the crime

On September 2, 2014, the Defendant found the victim E (35 years of age) with a flat face value in cash in front of the D convenience store located in 19:00 Si, Ma-Eup, Ma-si, Ma-gu, 35 years of age.

On the ground that the victim did not take personnel affairs, the defendant walked a trial cost, took about about 10 meters away from the place, taken the victim's face into consideration 3 to 4 times in drinking, and continued not to resist the victim's face when 3 to 4 times in drinking.

After that, the defendant followed the part of the victim's bat, and took 21,00 won in cash, which was contained in the victim's bat, and took the part of the victim's bat, and took part in the victim's bather compensation for about four weeks of medical treatment.

Accordingly, the defendant took the property of the victim and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses G in the fifth trial records;

1. Prosecutions and police interrogation protocol of the accused;

1. Each police statement of E and H;

1. Application of Acts and subordinate statutes, such as photographs of damaged parts, investigation reports (the call of a doctor and reasons why he/she became aware of);

1. Article 337 of the Criminal Act and the choice of punishment for the crime, Article 337 of the Criminal Act and the choice of limited imprisonment;

1. The reason for conviction under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter the following sentencing grounds) lies in a vindication to the purport that the defendant does not have any provision of acquiring money from the victim, although he/she was the victim, even though he/she did not have any provision of money.

The victim made a consistent statement from the police station to the effect that “the defendant has taken money from the victim’s money that he saws the victim alley and takes his face several times,” and the defendant also acknowledged the criminal facts in the judgment by the police and the prosecution, with the aforementioned specific and consistent statement for the same purpose.

The victims and defendants respectively.

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