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(영문) 대구지방법원 포항지원 2017.02.06 2016고합101
강도치상
Text

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

Reasons

Punishment of the crime

On March 20, 2016, the Defendant: (a) 40 minutes after boarding the victim C (60 years of age) on the front side of the well-owned apartment located in the Sincheon-gu Busan Metropolitan City on March 20, 2016, the Defendant arrived at the front side of the Yancheon-gu, Yancheon-gu, Yancheon-gu, Yancheon-gu; (b) the Defendant arrived at the front side of the Yan-gu, Yancheon-gu, Yancheon-gu, Yan-gu; and (c) the Defendant took a bath view that “the victim was able to evade the payment of the Yan-gu fee because he was demanded from the injured party to pay the Yancheon-gu, Yancheon-gu; and (d) the victim was able to take care of the victim’s inside the road once more than the victim’s resistance to the right side of the road; and (d) the victim suffered economic benefits, such as an escape of 3200 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes governing the place of diagnosis of injury, medical opinion, and hospital medical records;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

2. After committing the instant crime, the victim did not express his/her intention to punish because he/she did not reach an agreement with the victim and did not express his/her intention to punish him/herself, the victim did not express his/her intention to punish him/her.

However, the fact that the victim died after the crime of this case, and that the defendant does not have the punishment by agreement with the bereaved family members of the victim should be reflected in sentencing.

【Revisedd Scope of Punishment】 Three years and six months to seven years (Observance of the minimum statutory penalty)

3. As a result of the instant crime of this case, a person suffering from an injury to the aged.

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