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(영문) 광주지방법원 순천지원 2013.10.10 2013고합136
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On August 15, 2013, at around 12:05, the Defendant discovered that the air conditioner installer installed the air conditioner on the third floor of the E-building operated by the victim Do in Yacheon-si, Yacheon-si, in setting up a air conditioner at the entrance of the 303rd unit, and that the Defendant stolen the two keys owned by the victim in mind of committing robbery by using the said key.

2. At around 02:50 on August 18, 2013, the Defendant attempted to open an entrance of the 302 unit, which was locked by the 302 unit key of the 302 unit, and opened into the 302 unit, and prepared in advance, using the key of the 302 unit of the above E-building, and used the key of the 302 unit, and used the knife (18 cm in length, 29 m in length) of the victim F. (n., 30 m in length) who was diving in the knife in the knife room. The Defendant attempted to commit the attempted to commit the attempted crime by cutting the body of the victim over the knife of the knife and force the victim’s resistance and force the victim’s money and valuables. However, the Defendant failed to commit the attempted crime by taking the victim’s knife and resist.

Summary of Evidence

Defendant’s legal statement

F and D Articles 329 (Larceny; Imprisonment Selection); Articles 342, 334 (2) and (1), and 333 (Special Robbery; Selection of Imprisonment) of the Criminal Act; Articles 25 (2) and 55 (1) 3 of the Criminal Act among concurrent crimes under Article 37 former part of Article 37, Article 38 (1) 2, and Article 62 (1) of the Act on the Suspension of Execution of Article 50 of the Social Service Order under Article 62-2 (1) 1 of the Criminal Act (hereinafter referred to as "the reasons for sentencing") of the same Act, among concurrent crimes under Article 25 (2) and Article 55 (1) 3 of the Criminal Act, the money and valuables of the victim who is female while carrying lethal weapons at night using the stolen key.

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