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(영문) 수원지방법원 2015.09.03 2015고단3088
강도예비
Text

A defendant shall be punished by imprisonment for one year.

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 June 20, 2015, the Defendant: (a) was a person who worked in D sirens operated by the victim C (the age of 36) and was at least KRW 60 million due to gambling, etc.; (b) was kidnapped by the victim E (the age of 36) who was the wife of the said victim C; and (c) was willing to take money and valuables of approximately KRW 100 million from C.

When the above victims reside, the defendant planned to capture the victim E at the second floor parking lot of the 5205 Young-gu, Young-gu, the 2nd underground floor, and found it in advance. On June 24, 2015, the defendant purchased a string, blue tape, one string tape, and one string column to be used in committing robbery, and transferred the string 1 (30 cm in total length, 18 cm in length) and two string string string string string string strings from the victim C to the GYF small string string strings.

피고인은 2015. 6. 30. 05:07경 위 F 아파트 5205동 지하2층 주차장에 위 YF 소나타 승용차를 주차하고 피해자 E를 기다리다가, 10:04경 피해자 E가 위 주차장에 나타나자 강도 범행을 하기 위해 위 식칼을 든 채 피해자 E를 뒤따라갔으나, 이를 눈치 챈 피해자 E가 자신의 차량에 승차하고 운전하여 자리를 떠남에 따라 미처 실행에 착수하지 못하였다.

Accordingly, the defendant prepared for robbery.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C and E;

1. Police seizure records;

1. Photographs of seized articles;

1. Video CDs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 343 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is highly likely to commit robbery that the Defendant originally planned, and the risk of committing robbery is considerably high, and there is no physical and property damage that the actual victims suffered as a result of the preparation of the instant crime, and the Defendant wishes with the victims after the instant crime.

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