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(영문) 전주지방법원 군산지원 2015.04.03 2015고합7

특수강도미수

Text

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

Reasons

Punishment of the crime

The Defendant, as the victim C (the age of 50) and the customer and the head of the workplace, had been aware of about seven months prior to the date of the shop shop, and had been found at the E-mail shop on the victim D and the second floor in which the victim resides, and had the victim borrow money from the victim.

At around 21:40 on January 18, 2015, the Defendant reported a new launch to the inside room of the Marina site, where the victim did not open the entrance at the Eina site site, and did not open the entrance, and did not open the inner fence of the building, and invaded the victim’s residence.

Then, the Defendant demanded the victim to pay money, but the victim refused to do so, and the Defendant collected a knife knife (16.5cm in knife length), which was a deadly weapon at the Marina shop, and received money from the victim, and then forced the victim to force the victim by threateninging the victim's resistance even before the prison, as if the victim did not have any money, and by arresting the police officer dispatched to the police officer, the Defendant was arrested.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning C;

1. Investigation report (related to attachment of photographs) and appendix photographs (in 65 pages of investigation records), investigation report (in the face of on-site verification, screen pictures and photographs);

1. Application of the Acts and subordinate statutes governing deadly weapons;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 342, 334 (1) and (2), and 333 of the Criminal Act which choose the penalty;

1. The sentencing guidelines shall not apply to an attempted crime for the reason of sentencing under Articles 53 and 55(1)3 (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 201).

The crime of this case is committed by the Defendant who intrudes upon his residence at night and uses a knife knife, which is a deadly weapon, to force and withdraw money and valuables. The crime of this case is committed by the Defendant with a very poor nature of the crime, and the victim was committed by himself.