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(영문) 인천지방법원 2017.09.14 2017고합186
강도상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 04:50 on January 19, 2017, the Defendant, who intrudes upon a residence, opened a 301 door door, which is a residence of the victim D (19 tax) of the 302 door, going up to the 301st floor of the Nam-gu Incheon Metropolitan City, Nam-gu, and opened a 301 door, and intrudes upon the victim’s residence.

2. In the date, time, at the place specified in paragraph 1, the injured Defendant inflicted bodily injury on the victim, such as her head, her body knife, her body knife, her body knife, her body knife, her knife, her knife, her blue, her blue with her part, and her blue with her part, thereby causing injury to the victim for treatment for about 20 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G in each part;

1. Investigative report (CTV analysis result) and CCTV image-shield data;

1. CCTV images CDs at the scene of the crime;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence) and Article 257(1) of the Criminal Act (the point of harm) of the choice of the penalty;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments of the above two crimes, which are prescribed for the heavier punishment, shall be aggravated);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) There is no type 1 (the general person in charge of sentencing) (the territory of recommendations and the scope of punishment for recommendations) of violence (the determination of type) (the scope of punishment for a special person in charge of sentencing) basic area, April to June of imprisonment;

(b) Crimes of intrusion upon residence: Whether the sentencing criteria are not set; and

(c) Scope of the corrected recommended punishment according to the standards for handling multiple crimes: not less than four months of imprisonment (limited to the lower limit of the recommended punishment for the crime for which the sentencing criteria are set, since the crime for which the sentencing criteria are set and the unestablished crime are concurrent crimes in the former part of Article 37 of the Criminal Act

3. Determination of sentence:

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