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(영문) 인천지방법원 부천지원 2012.11.16 2012고합232
강도상해
Text

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

Reasons

Punishment of the crime

On July 31, 2012, around 04:25, the Defendant discovered that the victim D (here, 27 years of age) walked on the front road of Seocheon-gu, Seocheon-gu, Seoul, and subsequently, found the victim's bank and carried out fishing, and the victim was able to take up the victim's bank, and then the victim was able to take off the victim's face on board the part of the victim, and then the victim was able to take off the victim's face by going up on the part of the victim's bank, and the victim was forced to take off the victim's resistance by hand, and then the victim was arrested as a flagrant offender who was on the patrol in the vicinity of the city of 200,000 won, the market price of the victim's possession. In that process, the victim was arrested as a flagrant offender who was on the patrol at around two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Injury goods and photographs of the injured part of the victim;

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. Determination on the Defendant and his/her defense counsel’s assertion of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following grounds for sentencing)

1. The criminal intent of robbery and the defendant and defense counsel asserting attempted bodily injury by robbery, and the defendant were the victim's attempt to take a door in order to walk the victim's rear habits in mind, and the victim respondeded with the victim and suffered bodily injury. The defendant did not have the criminal intent of robbery and had the criminal intent of household affairs.

Even if the robbery, which is a basic crime, was attempted, it is argued that the robbery constitutes an attempted crime of robbery.

In other words, the following circumstances that can be seen by the evidence above, the Defendant followed the victim and let the victim grow up without going through any way after leaving the victim again, and the Defendant did not want to get out of the victim, and the Defendant was able to get out of the victim's face by going out of the victim and going up on the back and going up on the back.

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