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(영문) 서울서부지방법원 2014.04.01 2013고합438

건조물침입등

Text

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

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

Reasons

Punishment of the crime

The defendant failed in job-seeking and had been residing in the female-friendly house without import for about one month, and had been committing robbery with intent to raise money and valuables.

1. On December 19, 2013, the Defendant: (a) opened the victim D (V) operated in Eunpyeong-gu Seoul Metropolitan Government for the purpose of preventing robbery on December 19, 2013; (b) opened the premises of the victim D (V) operated in Eunpyeong-gu, Seoul; and (c) intruded the structure managed by the victim.

2. The Defendant attempted to take clothes at the time, time, and place specified in Paragraph 1, and take clothes from the victim D at his/her request for water, and to take the following money and valuables, i.e., kitchen knife (No. 1, total length, 27cc., 15cc.) which is a deadly weapon that is hidden in the Defendant’s inner machine in the Defendant’s inner machine, by immediately entering the tank with water, and immediately leaving the kitchen knife with the victim’s clothes and face, thereby suppressing the victim’s resistance.

However, even though the victim gets a hand of the defendant's hand, knife the knife of the knife, and knife the knife of the victim's head so that the victim does not flee, the victim does not go beyond the knife the knife so that the knife can't get knife the knife.

Accordingly, the defendant carried a deadly weapon and got the victim a strong withdrawal of the property, and had the victim attempted to do so.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Statement of the police preparation D;

1. One kitchen, which has been seized, (No. 1);

1. Application of Acts and subordinate statutes to report the occurrence of an internal investigation, report on internal investigation, investigation report (on-site photo, tracking of moving moving vessels, tracking and investigating the escape route after the crime is committed, checking the suspect card user status, suspect specific attachment);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (influence to buildings, occupation of imprisonment, and choice of imprisonment) to commit the crime / Articles 342, 334 (2) and (1), and 333 of the Criminal Act (influence of special robbery, occupation of attempted special robbery, and choice of limited imprisonment);

2. Article 37 of the Criminal Code among concurrent crimes.