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(영문) 광주지방법원 순천지원 2018.07.05 2018고합56
강도상해
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2016, when the Defendant lacks the ability to discern things or make decisions due to stimulative disorder, the Defendant entered the “E” operated by the victim D(F, 51 years of age) of the first underground floor of lightyang-si C and the victim was in the inner room, and the victim was in the inner room, and thereby the victim was in the inner room, and the victim was in the inner room, so he was able to take one 100,000 won of test color, one vehicle keys, six keys, etc., which were in the inner room of the Kabter, and then put the victim’s oral report, and the victim was able to escape from arrest and take the victim’s face at night, and the victim was able to escape from arrest and take the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Investigation report (related to recovery of damaged articles);

1. Each investigation report (i) document attached to the statement of confirmation of admission and discharge of a suspect, (ii) document of intention, and (iii) document attached to the medical record for a suspect A, (iv) document attached to the medical record for a suspect A, and (v) confirmation of entry and discharge of a suspect.

1. Relevant Article of the Criminal Act and Articles 335, 334 (1), and 333 of the Criminal Act concerning the selection of criminal facts;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 2-3 subparag. 1, Article 44-2 subparag. 1, and Article 44-2 subparag. 2 of the Act on the observation of protection, medical treatment order, medical care and custody [the above]

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