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(영문) 의정부지방법원 고양지원 2017.06.23 2017고합71

특수강도미수

Text

A defendant shall be punished by imprisonment for four years.

One kitchen (No. 3) which has been seized shall be forfeited from the accused.

Reasons

Punishment of the crime

At around 23:00 on March 26, 2017, the Defendant: (a) opened a bend window in order to steals money and valuables in the house of the victim D (the remaining and 46 years of age) of Gyeyang-gu C602 Dong 302 and 302, and intruded into that house; (b) was waiting for diving by the victim and his family members in the multi-use room; and (c) did not discover stolen things by taking back a living room and a small room around 27:00 of the same month; (d) the Defendant did not discover any stolen things; (b) the kitchen in the kitchen with the mind of having the victim forcibly take the money and valuables (the blade length of 20cm, the total length of 32 cm) and brought the victim to the view that it would be impossible to take the victim to resist, and (e) the victim did not take money and valuables from other families, and (e) the Defendant did not take money and valuables back to other family members.

In this respect, the defendant, carrying a kitchen, which is a dangerous thing, tried to take the victim's property by taking the kitchen, but he did not receive such property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to recovered kitchen and photographs;

1. Relevant legal provisions of the Criminal Act and Articles 342, 334(2), 334(1), and 333 of the Criminal Act for the crime, the choice of imprisonment for a limited term;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 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 by law: Imprisonment with prison labor for two years and six years and fifteen years;

2. The sentencing criteria shall not apply to a case in which the scope of the recommended punishment is minor. 3. The sentencing criteria shall not apply to a case in which the defendant intrudes the victim's residence at night and commits an attempted crime by threatening the victim with lethal weapons at night, and the case is heavy in light of the method of committing the crime.

The defendant is sentenced to a suspended sentence of special robbery in 2002.