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(영문) 서울북부지방법원 2014.01.10 2013고합369
강도상해
Text

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

Reasons

Punishment of the crime

On October 29, 2013, at around 03:55 on October 29, 2013, the Defendant, at around one room of “E” singing room operated by the victim D (Taking, 55 years old) located on the second floor of the Dobong-gu Seoul Metropolitan Government building C, was willing to take the boom of the victim who was seated on the table.

The Defendant, as the victim’s side gets off the victim’s face, and knife the head knife the head knife, she saw the victim’s face “ ...... Do we see the end of this weather year ..... Do we see the victim’s seat ... ... ... .. ... .. .. .. .. .. .. .. . . .. . .. .. . .. . . . .. . .. the victim’s knife by getting off the victim’s seat, and sc

As a result, the Defendant took the victim's property by taking the victim's property and took the victim's dump, tensions, fingers, and knife the parts of the victim's dump requiring medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A report on investigation (in cases of attaching, etc., photographs and photographs at the site);

1. Confirmation of fingerprints identity of the robbery incident;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. The summary of the argument about the argument of the Defendant and his defense counsel regarding discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) and Article 55(1)3 of the Criminal Act was in a state of mental or physical disability under the influence of alcohol at the time of committing

Judgment

According to the records, even though the defendant was aware of drinking prior to committing a crime, in light of various circumstances, such as the motive, background, means and method of the crime in this case, the behavior of the defendant before and after the crime, and the defendant are memoryed to some extent, the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime.

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