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(영문) 수원지방법원 2017.10.19 2017고합487
강도상해
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2017, around 00:45, the Defendant discovered “D elementary school located in Suwon-si L” located in Suwon-gu, Suwon-si, and then found the victim E (the 49-year old age) who is mixed with the victim E (the 49-year old age) and followed the victim about 100 meters in order to take property against the victim.

Since then, the Defendant confirmed that there was no person in the surrounding area at the bus stop (F) of the above D elementary school bus stop, and threatened the victim with the victim's right hand, and then towing the victim into the grass field of the construction site near the site with the victim's left hand. However, the victim escaped from the two parts of the defect, such as rootsing the Defendant in both arms and cutting the Defendant's arms.

Accordingly, the defendant had attempted to withdraw the victim's property by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A photograph of damaged parts (16 pages of investigation records);

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a diagnosis report by a victim), a criminal investigation report (in-house inspection by a defendant), and a criminal investigation report (in-depth hearing of statements by the victim

1. Articles 342 and 333 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Scope of the recommended punishment according to the sentencing criteria: since the scope of the recommended punishment is minor offenses, the sentencing criteria do not directly apply, but when the victim so requests, the sentencing criteria for robbery crimes shall be one year and six months to three years, respectively.

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and suspended execution for two years, this case refers to an attempted withdrawal of property by assault and intimidation following a single victim returning home home by the defendant. In light of the course and method of the crime, the crime is committed.

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