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(영문) 전주지방법원 2013.09.26 2013고합145
강도상해
Text

1. The defendant shall be punished by imprisonment for four years;

2. One excessive seizure (No. 1) shall be forfeited;

Reasons

Punishment of the crime

[Criminal Power] On November 5, 1999, the Defendant was sentenced to five years of imprisonment with prison labor for special robbery in the Hongsung Branch of the Daejeon District Court for the crime of robbery, etc. and was released on April 30, 2004 during the execution of the sentence. The same year

9. 15. The parole period expired.

【Criminal Facts】

On July 22, 2013, at around 23:50, the Defendant completed meals at the 'E' restaurant operated by the victim D (n, 50 years of age) located in the Jeonju-gun of North Korea, and requested by the victim to leave the 'E', and received the consent of the victim, the Defendant was on the back of the seat of the driver's seat of the small-scale car owned by the victim.

On July 23, 2013, at around 00:15, the Defendant stopped the passenger car of the victim in front of Ghouse in the Seoul Special Self-Governing Province F, and took the part of the victim's chest with the Defendant's shoulder, and took the part of the victim's chest with the Defendant's shoulder. The Defendant, as a deadly weapon (24 mm in length) prepared in advance by her knife, prevented the Defendant from taking one-time knife and forced the victim from taking 370,000 won in cash from the victim.

As a result, the defendant took money and valuables of the victim by carrying a lethal weapon, and put the victim with a lethal weapon on the right upper in order to provide approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Investigation report (related to submission of a written diagnosis of injury of a victim);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to the same type of judgment, confirmation of disqualified persons for suspension of the execution of a suspect) and statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

2. The scope of recommendations on the sentencing criteria (decision of type), the category of robbery crime, and the result of injury are generated, and the category II (special robbery) is included.

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