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(영문) 인천지방법원 2017.01.13 2016고합682
강도상해
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On September 24, 2016, around 00:45, the Defendant discovered victims E (V, 20 years of age) in the vicinity of the D building located in the Nam-gu Incheon Metropolitan City, Nam-gu, and had the victim cut off CR bags equivalent to 500,000 won at the market price where the victim was sealed on the shoulder.

Accordingly, the Defendant: (a) obstructed the victim’s body in front of the victim; (b) prevented the victim from suffering the victim’s play in front of the victim’s left hand; and (c) attempted to cut the victim’s shoulder while getting the string of the above bank; (d) attempted to cut the victim’s body, and (e) attempted to cut the victim’s body, and cut the string of the said bank twice by drinking, but (e) attempted to cut the victim’s body, and (e) attempted to cut the string of the said bank.

Accordingly, the Defendant assaulted the victim as above and aided the victim to cut off the victim's bank. However, the Defendant committed an attempted crime, and committed a scarcity and scarcitys in need of treatment for about 15 days to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. CCTV images;

1. A written diagnosis of injury;

1. The application of Acts and subordinate statutes to report the occurrence of accidents and report internal accidents;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount

1. The defendant and his defense counsel got to borrow tobacco from the victim, but the victim only committed an assault to prevent him/her from being injured by the winding sound, and there was no intention to commit robbery;

The argument is asserted.

2. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the victim’s response is the victim at the time of committing the instant crime.

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