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(영문) 광주지방법원 순천지원 2015.04.02 2015고합38
강도상해
Text

A defendant shall be punished by imprisonment for four years.

The excessive one (No. 1) and one (No. 2) shall be confiscated, respectively.

(e).

Reasons

Punishment of the crime

On February 17, 2015, at around 01:20, the Defendant carried a deadly weapon (10cm length) with a knife and write the knife, and entered E convenience stores located in YYD, and caused the victim C (nife, 32 years old), who is an employee of convenience stores, to produce excessive amount of money and pay money. However, the Defendant took an open top of the knife part of the victim's side knife with the victim, who followed the victim's escape and the Defendant, knife the victim's side knife at least three weeks of the victim's side knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Each protocol of seizure;

1. CCTV photographs and photographs of the suspect at the scene of arrest;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the fact of damage by an applicant for compensation is recognized, but the scope of liability for compensation is not clear in light of the nature of money for which payment is sought, relationship with support

1. Scope of applicable sentences under Acts: Imprisonment for not less than three years and six months to 15 years; and

2. Where the result of an injury occurs in the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, and where the result of an injury occurs in the mitigated area (three to six years) (the special mitigation) (the scope of the corrected recommended punishment] of types 2 (Special Robbery), but the basic crime is committed toward attempted crimes (the scope of the corrected recommended punishment] three years and six months from six months to six years (the imprisonment with labor for a term of three years, which is the lowest limit of the recommended punishment in the sentencing guidelines, is lower than the minimum limit of the applicable punishment in the law, and thus, it shall be corrected by three years and six months from

3. Determination of sentence: The crime of this case for the four-year period of imprisonment is a case where the defendant forcibly withdraws from the victim's property, and thereby, the nature of the crime is not good, and the place where the crime was committed prior to the crime.

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