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(영문) 광주지방법원 장흥지원 2019.03.12 2019고합1
강도상해등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On November 16, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court. On May 14, 2014, the same court was sentenced to two years and six months of imprisonment with prison labor for the same crime. On April 25, 2017, the same court was sentenced to one year of imprisonment with prison labor for a crime of larceny, etc. and completed the execution of the sentence on November 25, 2017. On February 21, 2018, the same court was sentenced to ten months of imprisonment with prison labor for a crime of obstruction of performance of official duties, etc. and completed the execution of the sentence on November 18, 2018.

【Criminal Facts】

1. Around 14:00 on January 14, 2019, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft by having one of the following 40 ETV holding the market value equivalent to KRW 200,000,000 owned by the said victim at the D shop operated by the victim C in Gangnam-gun, Gangnam-do.

Therefore, even if the defendant was sentenced to imprisonment not less than three times due to larceny, he/she has committed larceny again during the period of repeated crime.

2. At around 13:00 on January 16, 2019, the Defendant entered the said victim’s residence (hereinafter “victim’s residence”) and entered the said victim’s residence (hereinafter “the said victim’s residence”) with a view to theft of property from the victim’s G located in Gangnam-gun, Gangnam-gun.

3. The Defendant suffered injury by robbery: (a) the date and time set forth in paragraph (2) of this Article; (b) two KRW 20,000 per day owned by the victim G, one female-based leather card, one E- card, one public telephone card; (c) the victim G, the victim I, and two arms were cut back from the above victims during the process of spreading back the arms of the above victims for the purpose of evading arrest, and then, (d) the victim I suffered injury in the process of spreading the arms of the above victims, which requires approximately two weeks of medical treatment to the victim I, and (e) other injury, such as an open top part of the next arms.

Accordingly, the Defendant inflicted an injury on the victim I for the purpose of theft of the victim G property and evasion of arrest.

Summary of Evidence

1. The defendant;

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