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부산지방법원 2015.10.30 2015고합434

강도상해

Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 19:30 on July 19, 2015, in the state of having the ability to discern things or make decisions due to taking place, at the E main shop operated by the victim D (Nam, 72 years of age) in Jung-gu, Busan, the Defendant left 1,300 won of the market price owned by the other victim because the victim's surveillance was neglected, and escaped, while the Defendant continued to 301 meters away from the above main shop, at around 301, the Defendant left the victim's chest with the intent of evading arresting the Defendant's arrest, and cut off the victim's right chest with the escape from the stairs of the victim, thereby making the victim take care of about 2 weeks of the right chest, etc.

Accordingly, the defendant inflicted an injury on the victim for the purpose of theft of the victim's property and evasion of arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the victim's photograph, photograph of damaged place, photograph of the criminal suspect's escape, the criminal suspect's escape, photograph of damaged articles, medical certificate of injury, and each investigation report (Evidence Nos. 2, 4, 8, 16 through 20 of the evidence list);

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental illness and injury (a person suffering from mental illness due to 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 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences: Imprisonment for one year and nine months to seven years; and

2. Scope of recommending punishment: A type 1 (general robbery) and a mitigation area (two to four years) (special mitigation (special mitigation)), a mentally ill-minded person (no person in person in question is responsible), a person not subject to punishment, and a victim vulnerable to a crime, if the result of an injury occurs;

3. The defendant who has rendered the decision of sentence shall be an old victim.