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(영문) 대전지방법원 2018.01.17 2017고합327
강도치상
Text

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

Reasons

Punishment of the crime

On September 15, 2017, the Defendant discovered the victim D (n, 29 years of age) who had returned home under the influence of alcohol and accessed the victim, and then opened the victim's handbag to the floor so long as the victim's handbag was able to do so. On September 15, 2017, the Defendant occupied the victim's cash 50,000 won, leading the victim under the influence of about 5 meters, leading the victim to approximately 1,10,000 won in cash, 2, the national bank C&C card, 1, transportation cards, 1, 3, cosmetics, 100, and 300,000 won in total, and 1,000 won in total, 3,000,000 won in total, and 3,000,000 won in total, suffered from the victim's injury to the left-hand Hand, and 3,000 won in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

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

1. A victim's photograph, CCTV image data, the detection and recovery of damaged articles, a photograph of parts on the victim's upper part, and CCTV image CD;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes of each internal investigation report (No. 8,9,10) and investigation report (Evidence List No. 14);

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

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

1. The gist of the assertion lies in the fact that the Defendant uses tangible force in the course of committing the crime, but the injury suffered by the victim is extremely minor and thus is merely the degree of natural recovery, and does not constitute injury to the crime of injury resulting from robbery.

2. Determination

(a) The injury of the relevant legal doctrine is that it damages the completeness of the body of the victim or interferes with physiological functions;

As it is extremely minor that is accompanied by violence, it is necessary to treat the situation naturally.

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