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(영문) 인천지방법원 2016.06.23 2016고합238
강도상해
Text

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

Reasons

Punishment of the crime

[criminal records] On July 23, 2015, the Defendant was sentenced to imprisonment with prison labor for a period of two years, who was sentenced to a suspended sentence of eight months, and the said judgment became final and conclusive on July 31, 2015, for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) in the Seoul Southern District Court.

[2] On November 2, 2014, at around 07:40 on November 2, 2014, the Defendant: (a) was at the home of the victim C (the age of 26) located in Nam-gu Incheon Metropolitan City (the age of 26), and was able to open and intrude the window of the victim’s body, and then was locked by opening the window of the window of the crime prevention; and (b) threatened the victim with the victim’s hand who was locked on the body of the other victim; and (c) threatened with the victim with a brush of the victim’s hand; (d) the victim was satisfed with the Defendant’s hand; and (e) the victim was satisfed with the Defendant’s hand; and (e) the victim’s face was satisfed with this horse.

Defendant tried to take property from the victim after preventing the victim from resisting the above person, but the victim tried to take the property by force. However, the victim again did not take the face of the victim by drinking to the victim without being able to do so, the victim's face, she was faced with the victim's face, and her body fighting with the victim, and the victim fell into the floor at the bed with the victim, and the victim opened the entrance to the entrance and opened the door to her body, and she was frighted with the sound, and she got the victim's escape through the entrance, and the victim sustained the victim's bodily injury, such as alcohol requiring 8-day medical treatment, the thromatic impairment of the character of the mouth, and the throthal tymopic tymopic tymal tymal tymal tymal typhral tymosis in the mouth, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site reports on results of field identification, notification of results of search of DNA identity verification information, and prosecution notices (Notification of results of appraisal by the Supreme Prosecutors' Office);

1. On-site photographs and victim photographs;

1. A copy of a medical certificate and a certificate of discharge;

1. Previous conviction: Application of a written inquiry about criminal history and a written investigation report (a person's separate conviction and confirmation)-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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