(영문) 서울중앙지방법원 2013.11.08 2013고합948

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(영문) 서울중앙지방법원 2013.11.08 2013고합948

강도상해

Text

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

Each item seized (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On August 29, 2013, around 18:30 on August 29, 2013, the Defendant discovered the victim D (nick, 45 years of age) that passed at the front of Seongbuk-gu Seoul Metropolitan Government, and tried to forcibly take the victim's bags.

The defendant tried to suppress the victim's right of resistance on two occasions with a wooden machine (33 cm in length, 6 cm in thickness) located far away from the victim's rear side, and to cut off the victim's head from the victim's right of resistance, and forced the victim to take the victim from the victim's right of escape, but the victim did not have the intent to escape and did so to attempted, and during that process, the victim suffered injury, such as thale, which requires treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure, lists of seizure, and photographs of seized articles and tools of crime;

1. A written diagnosis of injury;

1. Application of the existing Acts and subordinate statutes of each item seized (No. 1);

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. Imprisonment with prison labor for not less than three years and not more than 6 months but not more than 15 years;

2. Where the result of injury of category 1 (general robbery) has occurred but the basic crime is committed an attempted crime (the scope of punishment by recommendation) and the mitigated area of imprisonment with prison labor for not less than 2 years but not more than 4 years;

3. Determination of sentence: The crime of this case committed in March 3, 200 by the defendant, in view of the fact that the defendant takes the back of the head of the victim who is female 45 years of age as a tree, withdraws from the bank, and inflicted an injury on the victim in attempted crimes, and the victim did not recover from damage to the victim, and the victim is punished against the defendant, the criminal liability of the defendant is heavy.

However, the fact that the defendant recognized the crime and is in deep reflect on it.

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