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(영문) 서울남부지방법원 2014.08.21 2014고합103
강도상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 01:30 on March 13, 2014, the Defendant discovered the victim D (n, 41 years old) who was returning to Korea while making a telephone, and was a dangerous object that the Defendant had to move to the victim.

The back head of the victim is unfolded so far, and the victim is blicker again, and the victim is blicker.

Sickly, the part of the victim was taken several times.

Therefore, if the victim was unaccuped and did not leave the defendant's occupationer, the defendant was able to take the face of the victim's body after fasting the victim's body and cutting the victim's body over the floor.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as a felring, in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. The police seizure record and the list of seizure;

1. A medical certificate;

1. Video recorded in the course of committing a crime by a suspect;

1. Photographs of the scene of the crime, the instrument of the crime, and the blood trace;

1. Application of the Acts and subordinate statutes to photographs of seized articles and photographs of victims;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Extent of the recommended sentence according to the sentencing guidelines [type of crime]. Habitual injury, injury by repeated crime, and special injury by repeated crime: In cases of habitual injury, injury by repeated crime, injury by repeated crime (type 1) and special injury (special injury by special injury): mitigated factors: Imprisonment with prison labor for not less than one year and six months but not more than two years and six months (limited areas of mitigation).

3. Determination of sentence: An empty space where the defendant is a dangerous article in one year and six months of imprisonment;

C. A crime, such as failing to properly state the reasons for the assault, even though the victim was sexually discriminated and injured.

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