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(영문) 의정부지방법원 2014.12.23 2014고합224
강도상해
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On June 24, 2011, the Defendant was sentenced to a suspended sentence of one year and six months by imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court, which became final and conclusive on July 2, 2011, and is currently under suspended sentence.

【Criminal Facts of Crimes” around 15:00 on June 26, 2014, the Defendant heard the horses that the victim H (H, 27 years of age, and Pakistan nationality) located in Macheon-si, Macheon-si, and went out of the room through the window, and then sought the horses that intruded into the house through the heated window, and that the goods to be stolen were taken out during the process of printing the house into the house, the Defendant was released from the victim, who was found in the house, and went out of the room through the window.

For the purpose of evading arrest of the victim, the defendant spawn 3 times in the body of the victim, and escaped. The defendant spawn spawn spawn spawn spawn spawn spawn spawn spawn spawn with the defendant's body, and spawn swn swn swn swn swn with the victim's left part, and swn s

As a result, the defendant attempted to steal the victim's property and attempted to commit the attempted crime, and inflicted an injury on the victim for the purpose of evading arrest.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of H and K as a witness;

1. Second prosecutor's protocol of examination of the accused;

1. The police statement of H;

1. A written diagnosis of injury;

1. On-site photographs and victim photographs;

1. Previous records of judgment: Criminal history records, inquiry reports, application of statutes governing judgment;

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

2. In the event that the result of an injury resulting from the type 1 (general robbery) (general robbery) (general robbery) has occurred, but a basic crime is committed in the course of attempted crimes, the reason for sentencing [the favorable circumstances among the reasons for sentencing below] under Articles 53 and 55(1)3 (general mitigation factors) of the Criminal Act (special mitigation factors) and the reason for sentencing has occurred.

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