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(영문) 인천지방법원 2015.07.09 2015고합28
강도상해
Text

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

Reasons

Punishment of the crime

At around 02:25 on January 6, 2015, the Defendant brought about a dispute with the victim due to the problem that the victim M&(52 years of age) did not turn on the way while driving LAW in the south-gu Incheon Metropolitan City.

The Defendant, while driving the said car in which the victim was able to take the view of his desire during a dispute, was frightened to the victim on several occasions before the victim while driving the car in front of the victim, and then frighted the victim to walk the victim, who frighted from the car, and frighted the victim to walk the victim's fright to the ground.

The defendant continued to walk the victim's face and body in a number of times, and committed an injury, such as cash cards, credit cards, points cards, drivers' licenses, and resident registration certificates, and smartphones equivalent to KRW 900,000,00 in the market price of the victim, which are located in the main money of the victim, were cut off, and the victim got off about 8 weeks of medical treatment.

Accordingly, the Defendant assaulted the victim to prevent the victim from resisting, thereby taking away the victim’s property, taking the victim’s property, and inflicting an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement against M and N;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. The case-related photograph, victim photograph,CC-TV photograph; and

1. The application of Acts and subordinate statutes to medical examinations, copies of medical certificates, and drillings;

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

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental disorders;

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

2. In cases where the result of the application of the sentencing criteria (Scope of recommending a punishment) and injury occurs, the aggravated area (five years to eight years of imprisonment) of category 1 (general robbery) (a person subject to special mitigation) (a person subject to special mitigation)/a person with mental disability (no person in person's responsibility)/serious injury.

3. Determination of sentence: Imprisonment; and

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