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(영문) 서울중앙지방법원 2016.12.13 2016고합1035

강도미수등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

When money is required due to living problems, etc., the Defendant prepared plastic model blades seen as actual knife, selected underground parking lots in department stores as crime places, and decided to forcibly collect money and valuables against the women using cars alone.

1. On August 9, 2016, at around 20:00, the Defendant: (a) tried to take money and valuables by referring the victim E (32 years old and female) who was placed in the fourth floor parking lot of D department stores located in Gangnam-gu Seoul Metropolitan Government, after completing shopping, was selected as the object of committing a crime; (b) the said victim was boarding his own FF car seat, was taken without permission; and (c) the said victim was trying to take money and valuables by stating that “out-of-the-counter son.” However, in the surrounding areas, the parking staff, who was viewed by the Defendant and the victim as having a friend, did not continue to commit any more crimes by preventing the Defendant and the Defendant.

2. On September 26, 2016, at around 14:00, the Defendant: (a) selected and took a victim H (28 years of age and n) who was in the third floor parking lot of the D department store trade center located in Gangnam-gu Seoul Metropolitan Government as a target of the crime; (b) took a vehicle in one’s I driver’s seat; (c) took a model knick on the left side without permission; and (d) took a knick back on the back side of the victim’s right side side, and (e) took a knick back, with the victim’s money and valuables being taken off “on the front side of the victim’s right side of the knive knife during the knife,” but the said victim did not have been able to open the door and escape and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police interrogation protocol against the accused;

1. The police statement of H;

1. A written statement prepared by the defendant;

1. Written statements prepared by the J;

1. A report on investigation, a business trip, investigation and diagnosis;