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(영문) 서울중앙지방법원 2013.11.12 2013고합867

특수강도미수등

Text

1. The defendant shall be punished by imprisonment for three years;

2. Provided, That the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On August 8, 2013, the Defendant: (a) around 01:40 on August 8, 2013, the Defendant: (b) intruded the victim D’s house located in the second floor of Jongno-gu Seoul Metropolitan Government building C; (c) removed KRW 19,000 in cash owned by the victim within the bank located on the part of the relevant location; and (d) stolen the Defendant with one Samsung Twit-ray, the market price of which is equivalent to KRW 150,000 in the face value of KRW 150,00 in the market value, and one Samsung Twit-phone, the market price of which is equivalent to KRW 20,00 in the face value of KRW 1,00 in the market value.

2. At around 02:50 on the same day, the Defendant attempted to take the victim’s face, i.e., the victim F (n., 51 years of age) on the third floor of the E building, with a lethally weapon, knife the knife (No. 7 and 18cc in length of the knife) and knife the knife, thereby preventing the victim from resisting the victim. However, the Defendant attempted to take the victim’s property inside the house, but the Defendant failed to take the knife the knife of the knife of the knife and reported to the police.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or F;

1. Records and lists of police seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant Articles 342, 334 (2) and (1), 333 of the Criminal Act (the point of attempted special robbery and the choice of limited imprisonment), and Article 330 of the Criminal Act concerning criminal facts;

1. Article 25(2) and Article 55(1)3 of the Criminal Act for mitigation of attempted robbery (as to the crime of attempted special robbery)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for a crime of attempted special robbery, which is heavier than punishment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment: Imprisonment for a period of two years and six months to twenty-two years;

2. Scope of recommended sentences based on the sentencing criteria: Imprisonment for a period of three years to seven years.

(a) the crime of attempted special robbery (determination of type).