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(영문) 서울동부지방법원 2016.09.09 2016고합204
강도상해
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Criminal facts

On May 26, 2016, at around 20:55, the Defendant discovered the victim D (the 36-year old age), who was mixed in the land near Gangnam-gu Seoul, to take the money or goods from the injured party, and tried to cut off the bank containing two copies of credit cards, resident registration certificates, cash 30,000 won, etc., after confirming that the victim was living in the front of Songpa-gu, Songpa-gu, Seoul, and the victim's head was found to have been rare, and the victim's head was found to have been sexually ill and knee at one time due to drinking and knee and assaulting the head of the victim.

As a result, the Defendant abused the victim to make it impossible to resist, and forcibly taken property, and inflicted injury on the victim, such as the bones, bones, etc. requiring treatment between about four weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. On-site reports (Submission of a written diagnosis by a victim), investigation reports (Attachment toCCTV video CDs);

1. Notification of the results of appraisal by DNA and the application of Acts and subordinate statutes on gene appraisal;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”)

1. Scope of applicable sentences under Acts: Imprisonment for not less than three years and six months to 15 years; and

2. Scope of the recommended punishment on the sentencing guidelines: From June to seven years (the lowest limit of the sentencing range recommended in the sentencing guidelines is lower than the statutory minimum limit of the applicable sentencing range), three years and six years (the lowest limit of the applicable sentencing range is lower than the statutory minimum limit of the applicable sentencing range), in the event that the result of injury or injury occurs due to robbery during the period from June to seven years (the scope of the recommended punishment).

3. Circumstances favorable to a sentence: The defendant has no record of severe punishment before committing the instant crime, except where he/she was subject to juvenile protective disposition by robbery, bodily injury, etc. in 195 and was subject to a fine twice for traffic crime thereafter;

of the damaged goods.

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