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(영문) 대구지방법원 김천지원 2017.04.18 2017고합15

강도치상

Text

The punishment of the accused shall be determined by three years and six months.

excessive one (No. 3) seized shall be confiscated.

Reasons

Punishment of the crime

On March 2016, the Defendant received demands to pay interest on KRW 60 million and interest on KRW 10 million borrowed from around 2016 for the purchase of a dump truck, and received demands, etc., which led to living conditions, such as receiving demand. From around 2002 to around 8 years from around 2010, the Defendant attempted to collect money and valuables from the victim C (e.g., 71 years of age) who was the owner of the house by intrusioning on the house that was carried on with about 8 years from 2002 to 2010.

On January 30, 2017, at around 18:50, the Defendant, at the victim’s house located in Kumi-si, sent a locked door to the victim’s house, opened a locked door, and opened a visit to the victim who was aware that the victim was aware of the sound, and made a threat to the victim by putting the victim’s neck, which was a deadly weapon prepared in advance by the State (No. 3, the total length of 20.5cm, 9.5cm in length, knife) into a knife, knife, and knife the knife, knife the knife, with the victim’s face, and “nife the knife.”

The Defendant tried to force the victim to take money and valuables from the victim by threatening the victim, thereby preventing him/her from resisting. However, the Defendant attempted to take money and valuables from the victim. However, the Defendant failed to take the Defendant’s hand, which caused a deadly weapon by his/her knife, frightly and strongly resisting the Defendant’s hand.

As a result, the defendant had a deadly weapon and invadedd the residence of the victim at night, and tried to forcibly take property, and suffered the victim's multiple heats of about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Protocols of seizure (Evidence 11) and list of seizure (Evidence 12);

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of a report on the results of field identification and on-site photographs, as to attachment of evidence 1, 2, and 3 of a seizure site and seized articles, and a report on results of field identification, and each photograph, diagnosis, and on-site identification report;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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