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(영문) 광주지방법원 2014.11.07 2014고합328
강도상해
Text

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

2.1.1.000 m in total, 21cc., 10cc. (No. 1.00 m.).

Reasons

Punishment of the crime

On August 2, 2014, in order to raise a rent to go to Seoul around the night, the Defendant had a mind to robbery, and had a transition (Evidence 1, 22 cm in total length, 10 cm in length, 10 cm in length, and No. 1) that is a deadly weapon in the Defendant’s home, and reached the house of the victim D (the age of 53) (the age of 53) in Naju City around 20:30 on the same day.

The Defendant discovered the fact that the victim was frightened and viewed TV from the inside room connected to the close door through the floor of the victim who was not installed in the main gate, and invaded by opening the slid door to the open door, and used the above excessive excess, which is a lethal weapon, in front of the victim's shoulder and face, and threatened the victim with "Seoul 10,000 won as it is necessary to go to go to Seoul."

As above, the Defendant tried to force the victim to take money from the victim after he was unable to resist, but after having completed his husband E, finished his day, the victim’s non-name during the cleaning place, and the victim escaped from the police after having reported it to the police, thereby neglecting the attempted crime, and thereby causing acute stress response, which makes it impossible for the victim to know the number of treatment days, and causing injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Application of the existing Acts and subordinate statutes of one excessive (No. 1) confiscated;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not less than three years and not more than 15 years;

2. The scope of recommended sentences according to the sentencing criteria (a decision of type) shall be made in cases where the result of injury to robbery occurs.

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