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(영문) 서울북부지방법원 2015.02.06 2014고합549

특수강도미수

Text

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

Seized one (No. 1) shall be confiscated

Reasons

Punishment of the crime

[criminal power] On January 10, 2014, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months and a short of one year in the Seoul Eastern District Court for night-time intrusion theft, etc., and the Defendant completed the execution of the sentence on October 1, 2014 at the Kimcheon Juvenile Reformatory.

【Criminal Facts】

The Defendant and C have threatened the victim, who is a deadly weapon, and conspired to take off his mobile phone after suppressing the victim's resistance. On December 14, 2014, at around 22:10, the Defendant discovered the victim E (the age of 45, the female), who is her front of the crime, and followed by approximately 100 meters back of the truck parked around C, and reported the hidden network after the truck parked around C. The Defendant, using an opportunity of care to prevent the victim from suffering from his back to his left hand, such as the victim, by taking advantage of the opportunity that the victim tried to take the key in order to open his house gate, and prepared in advance as his finger hand, “It is necessary for the victim to keep the victim away from his snow,” who is a deadly weapon (100cm a length), and “It is necessary for the victim to keep the victim away from his hand,” and the victim's 100,000 won away from his hand, and the victim has her free to her free to her second, and two.”

As a result, the defendant, together with C, took a deadly weapon with C to withdraw the victim's property, but did not bring the victim's property to an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each criminal report and each criminal investigation report;

1. Photographs, photographs, etc. of the victim's body and part of the victim's body and the body and part of the suspect's body;

1. Existing presence under subparagraph 1 of this Article;

1. Previouss of judgment: Criminal history records of the accused, and results of inquiry;