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(영문) 수원지방법원 안산지원 2014.12.31 2014고합380
특수강도미수등
Text

1. The defendant shall be punished by imprisonment for three years;

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

3.

Reasons

Punishment of the crime

1. The Defendant, who is faced with economic difficulties, led to a lack of living, led to his mind to raise the cost of living by forcibly taking money into account.

On November 21, 2014, the Defendant tried to collect money from the victim E (here, 33 years old) who was inside the display stand, by threatening the victim E (here, 45 years old) to go against the victim’s resistance, and by threatening that it would be easy to verify the victim’s D (here, 45 years old) and committing a crime against women, and on the ground that money was large at the gold bank, the Defendant entered the gold bank as the gold bank. In advance, the transition (the blade length, approximately 12 cm, the total length, approximately 23 cm) which is a deadly weapon during the preparation period (the blade length, approximately 12 cm, 23 cm) toward the above D, and then, the Defendant tried to take money by threatening the victim E (here, 33 years old) who was inside the display stand, and by threatening the victim’s resistance. However, it did not go to the effect that D would escape with the escape request of it and help.

Accordingly, the defendant, carrying a lethal weapon, committed violence or intimidation, thereby forcibly withdrawing another's property, and subsequently attempted to do so.

2. On November 21, 2014, the Defendant threatened G by stating that, immediately after the crime under the preceding paragraph was committed on the side of the F apartment route of the member-gu, Ansan-si, Ansan-si, the victim G (the age of 15) was able to escape, and that, immediately after the crime under the preceding paragraph, the victim G (the age of 15) was able to drive away from the Defendant, thereby threatening G by stating that the above excessive amount, which is a dangerous weapon, is a dangerous weapon, to be arrested by the Defendant.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

2. Each police protocol of statement of D, E, and G;

3. Police seizure records;

4. Application of each statute of photography;

1. Article applicable to criminal facts;

(a) An attempted special robbery: Articles 342, 334 (2) and (1), and 333 of the Criminal Act;

(b) The occupation of intimidation to carry a deadly weapon: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

2. The Criminal Act regarding statutory mitigation (special robbery).

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