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(영문) 대구지방법원 2018.06.15 2018고합149

강도미수등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On February 25, 2018, at around 07:14, the Defendant: (a) laid down the driver’s seat in the vehicle of the victim D (at 24 years of age) in the middle-gu Seoul Special Metropolitan City, Daegu Special Metropolitan City, and laid down the victim’s seat, and (b) laid the victim’s shoulder on the top of the seat of the victim’s vehicle; (c) opened the driver’s seat; (d) opened the victim’s seat; and (e) laid the victim’s shoulder; and (e) laid the victim’s shoulder on his/her hand by taking the victim’s shoulder from the driver’s seat, and laid the victim’s driver’s seat in the vehicle.

The Defendant continues to divide the horn into a driver’s seat, and the victim asks the victim to “money,” and the victim speaks that “the victim has no money,” the victim gets off through the head of the victim’s vehicle, and the victim gets off through the head of the victim’s vehicle, with a handbag carrying approximately KRW 400,000 of cash, which is the victim’s possession of the victim, a handbag, a handbag on the top of the victim’s vehicle, in which the victim has a shoulder, handbag, bag, and bags the Defendant’s shoulder, bag, bag, and bags the victim’s handbag, and then the victim intending to take the handbag of the victim’s handbag, she takes the victim out of the vehicle.

“Fastly,” a person with sound mind escaped.

Accordingly, the defendant detained the victim and attempted to withdraw the victim's property by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of damaged photographs), investigative report (fuseing CCTV images on the spot), investigation report (verification of CCTV around the suspect's site), investigation report (to hear additional statements by a victim or telephone recording);

1. Articles 342, 333 of the Criminal Act and Article 276 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 (an attempt to commit any robbery heavier than punishment) of the Commercial Concurrent Crimes Act.