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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
On August 20, 2013, at around 03:40 on August 20, 2013, the Defendant: (a) followed the victim AO (n, 22 years of age) who is walking at and near the entrance of the Busan YY apartment; (b) obstructed the victim from resisting the victim by pushing the victim with his left hand; and (c) caused the victim to inflict an injury on the victim, such as a shoulder, c,00, tension, tension, etc. in an amount equivalent to KRW 200,00 in the market value of the victim’s cover, cash, 3,000 in the market value, and one transportation card, respectively, in which one transportation card is located, of KRW 70,00 in the market value.
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. Examination protocol of the accused by prosecution;
1. Each police statement of the AO;
1. Application of Acts and subordinate statutes to the details of a report on damage from robbery, and an investigation report (investigation into attachment of a written opinion on injury);
1. Relevant Article 337 of the Criminal Act concerning the facts constituting an offense and Article 337 of the Election of Imprisonment;
1. Determination on the assertion of the defendant and his/her defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)
1. The gist of the assertion was that the Defendant stolen the victim’s handbag at the time, but did not commit assault against the victim.
2. In the judgment, the fact that the defendant taken the handbags of the victim from the victim is recognized, while the victim was aware of the following circumstances based on the evidence adopted and investigated by this court, the victim, who was aware at the investigative agency, stated consistently that "at the time, the victim got a handbag of the victim who was breathly drunk and was baged after the defendant baged by assaulting the victim." The victim got a bag of the victim's face bag and got a treatment to the outside of the Ampha and the Ampha, after baging the victim's bags at the time." The victim's mother was aware of the victim's bags of the victim at the time.