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(영문) 청주지방법원 2017.02.10 2016고합225

특수강도등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On August 21, 2016, the Defendant infringed upon his residence and attempted theft on the house of the victim D (80 aged) located in Cheongju-si, Cheongju-si, and intrudes into the small room through the entrance of the entrance, which was opened for the purpose of stealing property by using any cres that have not reached the house of the victim D (80 older) located in Cheongju-gu, Cheongju-si, and tried to commit a attempted crime, even after hearing sound coming to the victim and hiding the stolen object, such as continuing to escape, etc. on the same day.

2. On September 5, 2016, the Defendant: (a) 01:23 around September 5, 2016, at the house of the above victim, shouldered the glass of the windowpane, and opened a locking device and intruded with the locking device by breaking the glass of the windowpane (Evidence No. 1).

The Defendant continued to use a knife (No. 2, 19.5cm in length, 32cm in total) that is a deadly weapon prepared in advance by the Defendant as knife a knife and knife a knife in a ward, knife a knife a knife of a glass window, and knife a knife against the victim by knife his knife his knife and knife his knife, and knife his knife the knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Inventory, record, and photograph of seized articles;

1. A report on occurrence (thief), table of 112 reported case processing (9.5), table of 112 reported case processing (8.21.5.5.), report on results of field inspection, report on internal investigation (investigation of damaged objects), report on occurrence, internal investigation report, report on internal investigation (investigation, etc. of victims), vehicle registration ledger, investigation report (victim D's statement), vehicle photo, etc., investigation report (Listening to victim Eline statement), investigation report (finding of victim Eline), and output of confirmation at the time of sunset of the day;

1. Application of each existing statute of 1(No. 1), knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife)

1. Article 319(1) of the Criminal Act applicable to the crime and Article 319(1) of the option of criminal punishment (the point of intrusion upon residence, the choice of imprisonment), Articles 342, 329 (the point of attempted larceny and the choice of imprisonment) of the Criminal Act, Article 334(2) of the Criminal Act.