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(영문) 서울중앙지방법원 2017.10.27 2017고합551

준강도미수

Text

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

Seized evidence referred to in subparagraphs 2 through 4 shall be confiscated.

Reasons

Punishment of the crime

[Criminal record] On May 7, 2015, the Defendant was sentenced to imprisonment with prison labor for a year and six months due to habitual night intrusion larceny at the Seoul Central District Court on May 7, 2015 and completed the enforcement of the sentence on May 15, 2016.

[2] On May 7, 2017, at around 02:27, the Defendant: (a) confirmed the opening of a gate entering the victim’s house in front of the body of the victim D (35 tax) located in Dongjak-gu Seoul Metropolitan Government, in order to capture the goods by entering the house using a cresh that does not have any means around the bed; (b) opened the gate and intrudes into the gate; (c) opened the gate; and (d) used the stairs, then going up to the 2nd floor of the victim’s house; and (d) used the stairs, the Defendant was in a crisis where the victim was parked in the pelle of the gate and the pelle of the main part of the main part of the Seodaemun-gu Seoul Metropolitan Government, and was charged with the stairs.

“The victim to whom the victim was asked was able to open a damaged gate and walk rapidly, but the victim was trackingd.

In the process, the defendant was arrested in the police officer who was sent to the victim upon receiving a report of 112 after he was fluencing the victim's face at one time on the alleyway, when he tried to flee while intending to flee, and the victim's name was attached to the victim. The defendant continued to flee. While the victim's bridge was fluenced with the victim, in the process of fighting with the victim, the defendant was arrested in a flagrant offender who was sent to the police officer after receiving a report of 112.

As a result, the defendant did not infringe upon the victim's residence at night and did not bring about a theft of property, but used it in attempted crimes, and assaulted the victim for the purpose of evading arrest.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, G, and H;

1. A written statement of I;

1. Each protocol of seizure and list of seizure, and a list of reported cases;

1. Photographs of the scene of the crime, photographs of the damage caused by the victim immediately after the crime, investigation report (CCTV image analysis), and investigation report;