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(영문) 울산지방법원 2013.09.13 2013고합146

특수강도등

Text

A defendant shall be punished by imprisonment for three years.

One certificate (No. 5) of a seized mother and child shall be confiscated.

Reasons

Criminal facts

On June 2, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny and completed the execution of the final sentence on December 31, 2011.

"2013 Gohap146"

1. Around 04:08 on April 1, 2013, the Defendant: (a) taken the victim D (V, 21 years of age) who was in Ulsan-gu C, Ulsan-gu; (b) taken the victim’s malkb (30cm in total length) away from the E-cafeteria where he works as an employee; (c) taken the knb (30cm in total length) that was prepared in advance at the inside of the Defendant’s inner part; (d) took the victim’s resistance against the victim; and (e) took the 50,000 won in cash inside the credit cooperative of the calculated unit.

"2013 Gohap153"

2. On April 13, 2013, at night, the Defendant attempted to larceny at night, and the Defendant did not commit an attempted crime because the entrance was opened a guest room (502) where the entrance was not corrected by means of the gaps in which the victim H’s care was neglected, which is the victim of the said youth, was located in Ulsan-gu F around 01:00, and the entrance was not corrected. However, the Defendant did not commit an attempted crime because there was no stolen object.

Summary of Evidence

[2013Gohap146]

1. Defendant's legal statement;

1. Each police statement made to D or I;

1. Records of seizure and the list of seizure;

1. Investigation report (Attachment of seized Articles and photographs);

1. Reading of CCTV screen, photograph of seized objects, place of crime, and photograph of the place of arrest [2013 Gohap153]

1. Defendant's legal statement;

1. The police statement of H;

1. The application of Acts and subordinate statutes to each investigation report (pre-post records), criminal records, investigation reports, and personal identification records;

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1), 333 (Special Robbery and Selection of Imprisonment) of the Criminal Act concerning facts constituting an offense, and Articles 342 and 330 ( point of attempted larceny at night);

1. Article 35 of the Criminal Act among repeated crimes (Provided, That the proviso of Article 42 of the Criminal Act shall apply to special robbery);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be more severe special robbery;