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(영문) 부산지방법원 2014.02.07 2013고합821

특수강도미수등

Text

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

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

Reasons

Punishment of the crime

1. A special robbery attempted (2013 Highest 821) on September 17, 2013, the Defendant: (a) around 20:20 on September 14, 2013, at the home room of the victim D (82 years of age) of the Busan Northern apartment C apartment 206 and 713 (the age of 82) of the victim; (b) at the house, the victim who was seated in the apartment corridor and was inside the apartment corridor, and (c) at the house, the Defendant was arrested the police officer upon receiving a report from the neighboring resident on the victim’s face of the victim’s face. (d) At the same time, the Defendant took a weapon (20cc in total, 6cc in length, and 6cc in length) who was on the door of the ward and took a weapon on the back of the day, and was compelled to take money from the resident by threatening the victim’s resistance against the victim.

2. On June 7, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) (2013 high-priced 831) stated that, around 20:0 on June 7, 2013, the Defendant, while drinking alcohol together with the victim E (the age of 47) and the victim F (the age of 53), requested the victims to undergo further drinking alcohol, but the victim was refused to do so, he/she saw the victim E’s face as a dangerous object. On the other hand, the victim E’s face cannot be identified if the victim’s face is one time, and the victim F’s face cannot be identified.

Summary of Evidence

(Fact 1, 2013, 821)

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Statement made to D by the police;

1. Photographs (Evidence No. 27 pages), photographs of upper part (Evidence No. 40 pages) (Evidence No. 2) of upper part (Evidence No. 2, 2013 High part831);

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes of a damaged photograph (Evidence No. 17-19)

1. The relevant Article of the Criminal Act and Articles 342, 334(2) and (1), 333 of the Criminal Act (the point of attempted special robbery and the choice of limited imprisonment), and the punishment of each act of violence, etc. shall be imposed on the criminal facts;